Supreme Court of the United States · Official docket →
Brad Stephen Francis, et ux. v. United States
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 17-2070 · judgment January 3, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
This is a call for the Court to exercise its supervisory power over the lower courts: Did the Court of Appeals for the Eighth Circuit abdicate its duty in issuing a Per Curiam Affirmance, and denying a petition for rehearing en banc, by sanctioning violations of the Federal Rules of Civil Procedure and gross misrepresentation of the facts? Is the Eighth Circuit's denial of Petition for Rehearing En Bane in conflict Missouri's Supreme Court Operating Rule 22.01? Is the Eighth Circuit's Per Curiam Affirmance in violation of Federal Rule of Appellate Procedure 47(b) by sanctioning violation of the Federal Rules of Civil Procedure? Does the Eighth Circuit's Per Curiani Affirmance sanction departure from the Eighth Circuit's ruling in Osborn v. United States, 918 F. 2d 724, n.6 (8th Cir. 1990)? Does the Eighth Circuit's PCA summation circumvent the rights of due process during the Petition for Rehearing En Bane by grossly misrepresenting the nature of the action? Does the Eighth Circuit's PCA sanction gross misrepresentation of the findings?
Counsel of record
For petitioner
Brad S. Francis
For respondent
Noel John Francisco
Jones Day
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 01 2018Petition DENIED.
- Jun 13 2018DISTRIBUTED for Conference of 9/24/2018.
- Jun 01 2018Waiver of right of respondent United States to respond filed.
- May 14 2018Petition for a writ of certiorari filed. (Response due June 25, 2018)