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Kevin Donavon Atkinson v. United States

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-55146 · judgment June 26, 2017


Certiorari denied · May 29, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Does the Health Insurance Portability and Accountability Act (HIPAA) establish a duty to a health care facility to maintain and amend a patient's medical record as has been determined by multiple State Appellant Courts? Should a mentally disabled Pro Se Plaintiff be allowed to introduce additional California Law at the Appellant Court Level that establishes a Duty owed him that he did not introduce at the District Court Level? This additional California Law would have prevented the District Court from granting the Defendant's Motion To Dismiss For Failure To State a Claim for Which Relief Can Be Granted. Is it OUTRAGEOUS as defined by an Intentional Infliction Of Emotional Distress Cause Of Action for a Defendant to abuse a mentally ill and mentally disabled Plaintiff while they are trying to cover up multiple traumas they inflicted on the Plaintiff and a possible crime?

Counsel of record

For petitioner
Kevin Donavon Atkinson

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 29 2018
    Petition DENIED.
  2. May 08 2018
    DISTRIBUTED for Conference of 5/24/2018.
  3. Apr 30 2018
    Waiver of right of respondent United States to respond filed.
  4. Mar 16 2018
    Petition for a writ of certiorari filed. (Response due April 30, 2018)