| 24-869 |
Randall P. Ewing, Jr., et ux. v. Erik Carrier, et al. |
Seventh Circuit |
2025-02-13 |
Denied |
|
appellate-review civil-procedure claim-preclusion district-court judicial-discretion motion-to-amend |
Should a court dismiss a plaintiffs claim, using its inherent authority or otherwise, because they first filed a motion for leave to amend to join the… |
| 24-273 |
SBFO Operator No. 3, LLC, et al. v. Onex Corporation, et al. |
Eighth Circuit |
2024-09-10 |
Denied |
|
boilerplate-release civil-procedure dispositive-motion motion-to-amend rico-liability wire-fraud |
This petition presents three questions on which the circuits disagree:
1. Does a boilerplate release, induced as an integral part of a wire fraud sch… |
| 23-1238 |
Chinyere Ogbonna-McGruder v. Austin Peay State University, et al. |
Sixth Circuit |
2024-05-24 |
Denied |
Response Waived |
civil-procedure civil-rights color-of-state-law employment-law hostile-work-environment motion-to-amend motion-to-dismiss notice-pleading reasonable-person retaliation retaliation-claim |
Whether Petitioner's claim for retaliation required her to prove she suffered severe or pervasive conduct by her supervisor rather than conduct which … |
| 23-924 |
John Anthony Castro v. Adrian Fontes, Arizona Secretary of State, et al. |
Ninth Circuit |
2024-02-27 |
Denied |
Response Waived |
arizona-ballot article-iii article-iii-standing ballot-access campaign-expenses hearsay hearsay-evidence judicial-discretion motion-to-amend presidential-candidate standing |
Arizona ballot-placed Republican Presidential Candidate, whose direct and current competition for votes evidenced by thousands of dollars in Arizona-s… |
| 23-6374 |
Vonell Davis, Jr. v. Wayne Hill, et al. |
Fourth Circuit |
2023-12-27 |
Denied |
Response WaivedIFP |
abuse-of-discretion cause-of-action civil-procedure civil-rights district-court due-process health-risks inmate-rights motion-to-amend standing |
I. DID THE DISTRICT COURT ERR WHEN IT DENIED THE
ORIGINAL COMPLAINT WITHOUT A HEARING, AND
CONCLUDING APPELLANT HAD NO CAUSE OF ACTION?
2. DID THE … |
| 23-5028 |
Eric St. George v. E. E. |
Colorado |
2023-07-05 |
Denied |
IFP |
12b6-dismissal amendment civil-procedure dismissal due-process judicial-discretion motion-to-amend pleading-standards pro-se pro-se-plaintiff standing |
Is it permissible for a State District Court to deny a pro-se plaintiff every motion to amend, to never allow an amendment to a meritorious case, to d… |
| 21-748 |
Chinyere U. Nwoke v. University of Chicago Medical Center |
Seventh Circuit |
2021-11-19 |
Denied |
Response Waived |
civil-procedure civil-rights discrimination district-court due-process employment employment-discrimination judicial-review motion-to-amend pay-equity standing university-employment |
Whether the lower courts judged Petitioner's claims? |
| 21-5841 |
Rafiq Sabir v. United States |
Second Circuit |
2021-10-01 |
Denied |
Response WaivedIFP |
arabic-language-expert brady-claim brady-v-maryland district-court-discretion exculpatory-evidence factual-dispute government-suppression ineffective-assistance ineffective-assistance-of-counsel motion-to-amend rule-33 |
1. Could reasonable jurists debate whether the district court abused its discretion by denying as untimely Petitioner's motion to amend to add a Brady… |
| 21-5587 |
Calvin Jarrod Hester v. Folashade Ituah |
Fifth Circuit |
2021-09-08 |
Denied |
IFP |
14th-amendment 8th-amendment circuit-court-review civil-procedure civil-rights constitutional-rights due-process judicial-conflict motion-to-amend standing |
1. Whether Or Not The Lower Court Erred And Abused Its Discretion In Dismissing The Deprivation Of His Constitutional Right And Civil Rights Violation… |
| 20-1793 |
Aura Moody, on Behalf of Her Minor Child, J. M. v. National Football League |
Second Circuit |
2021-06-23 |
Denied |
|
appellate-procedure civil-procedure civil-rights constitutional-rights due-process federal-rules-of-appellate-procedure federal-rules-of-civil-procedure federal-rules-of-procedure judicial-discretion motion-to-amend procedural-due-process standing |
1. WHETHER THE COURT OF APPEALS HAD THE AUTHORITY TO DISMISS
THE APPEAL BECAUSE IT ALLEGEDLY "LACKS AN ARGUABLE BASIS
EITHER IN LAW OR IN FACT " WITHO… |
| 20-7596 |
Olen Ware, II v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2021-03-29 |
Denied |
IFP |
amendment appellate-review certificate-of-appealability civil-procedure federal-procedure fifth-circuit habeas-corpus ineffective-assistance motion-to-amend motion-to-suppress |
1. Did the Fifth Circuit err in finding that jurists of reason could not have found it debatable that the district court erred by dismissing Petitione… |
| 20-869 |
David E. Henry v. Castle Medical Center |
Ninth Circuit |
2020-12-30 |
Denied |
|
circuit-split civil-procedure federal-rules-civil-procedure federal-rules-of-civil-procedure foman-standard foman-v-davis judicial-discretion motion-to-amend post-judgment-amendment rules-59-and-60 standards-for-amendment |
In spite of this Court's long-standing precedent that a post-judgment motion to amend the complaint must be decided under the same standards as a simi… |
| 20-724 |
Donovan Middleton, et al. v. Complete Nutrition Franchising, LLC, et al. |
Eighth Circuit |
2020-11-25 |
Denied |
|
circuit-split civil-procedure dismissal-with-prejudice judicial-discretion motion-to-amend post-judgment-motion rule-12b6 rule-59e standard-of-review |
The Eighth Circuit affirmed the District Court's judgment granting Defendants' Motion to Dismiss and, thereafter, denied Petitioners' Motion to Alter … |
| 19-6142 |
Santo Leone v. United States |
Fifth Circuit |
2019-10-03 |
Denied |
Response WaivedIFP |
abuse-of-discretion amendment categorical-approach civil-procedure district-court-discretion divisibility drug-convictions due-process first-step-act marijuana-convictions motion-to-amend prior-convictions section-851 standing timeliness |
Whether district court abused its discretion by concluding motion to amend should be denied as untimely?
Whether district court erred when failure to… |
| 19-5748 |
Seth Mitchell v. Macy's, Inc., et al. |
Second Circuit |
2019-08-29 |
Denied |
Response WaivedRelisted (2)IFP |
civil-procedure civil-rights denial-of-motion disability-accommodation due-process employment-discrimination erisa federal-rules-of-civil-procedure first-amendment hipaa magistrate-judge motion-to-amend timeliness title-vii |
1. When, if ever, can a magistrate judge assigned to handle nondispositive matters in a Federal lawsuit intentionally violate Federal Rule of Civil Pr… |
| 19-5294 |
Abraham Asley Augustin v. United States |
Sixth Circuit |
2019-07-23 |
Denied |
Response WaivedIFP |
28-usc-2255 amendment criminal-procedure criminal-procedure-15a due-process evidentiary-hearing fair-notice federal-rules-civil-procedure fourth-amendment habeas-corpus motion-to-amend pleading responsive-pleading section-2255 standing |
1. Whether the Fed. R as a matter of course' Responsive pleading is filed can be arbitrarily disregarded and denied?Cxim. P. 15(a) Motion 's right to … |
| 18-9333 |
Gustavo Gomez v. California |
Ninth Circuit |
2019-05-17 |
Denied |
IFP |
appeal case-law constitutional-rights court-of-appeals criminal-procedure due-process habeas-corpus judicial-review jurisdiction motion-to-amend sixth-amendment standing |
Were this Petitioner's Sixth Amendment rights according to the United States Constitution violated by the United States Court of Appeal for the Ninth … |
| 18-452 |
Jesse L. Wesley, III v. Town Square Media West Central Radio Broadcasting, et al. |
Ninth Circuit |
2018-10-11 |
Denied |
Response Waived |
abuse-of-discretion appellate-procedure civil-procedure de-novo de-novo-review motion-to-amend standard-of-review summary-judgment |
Whether a district court's decision on a motion to
amend a summary judgment should be reviewed with
the standard of abuse of discretion or de novo. |
| 18-259 |
City of East Cleveland, Ohio, et al. v. Derrick Wheatt, et al. |
Sixth Circuit |
2018-08-30 |
Denied |
|
civil-procedure civil-rights discovery discovery-deadline due-process indemnification motion-to-amend qualified-immunity settlement-agreement standing state-actors wrongful-conviction |
1. Whether the Court abused its discretion in denying Petitioner City Defendants Qualified Immunity defense when it became implicated during Discovery… |