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James Seaman v. Westfield Medical Center, L.P., et al.

Paid petition · Supreme Court of Pennsylvania, Middle District, No. 73 MM 2018 · judgment June 18, 2018


Certiorari denied · April 15, 2019
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

I, James Seaman, Pro Se Petitioner/Appellant, request this Petition for Writ of Certiorari to be Granted given the salient issues, the constitutional matter of proper notice and service of a pleading, and the impact upon public policy of a party's failure to deviate from the notice requirements of the rules of procedure. An impermissible burden of proof was placed upon Pro Se Petitioner/Appellant to meet that since notice was not tendered, Withdrawal of Appearance wasn't presented to Pro Se Petitioner/Appellant and Withdrawal Granted, and Dismissal was not subsequently warranted. Given the lack of service of an essential pleading, the Petitioner requests to have the dismissal vacated under Fed.R.Civ.P. (60)B should have been granted under the rules of procedure and the constitutional issues. Pro Se parties must be afforded the same protections mandated by the rules and the constitution. WHETHER THE FAILURE TO SERVE A PLEADING UPON PRO-SE LITIGANTS WARRANTED A FAVORABLE RULING UNDER FED.R.CIV.P 60 AND REMOVAL OF A DISMISSAL OF AN ACTION GIVEN THE VIOLATIONS OF THE NOTICE REQUIREMENTS TO MEET DUE PROCESS AND PUBLIC POLICY?

Counsel of record

For petitioner
James Seaman

For respondent

Case

Conference history
Distributed for 1 conference

Linked docket
18A302

Proceedings

  1. Apr 15 2019
    Petition DENIED.
  2. Mar 20 2019
    DISTRIBUTED for Conference of 4/12/2019.
  3. Nov 15 2018
    Petition for a writ of certiorari filed. (Response due March 4, 2019)
  4. Sep 21 2018
    Application (18A302) granted by Justice Alito extending the time to file until November 15, 2018.
  5. Sep 17 2018
    Application (18A302) to extend the time to file a petition for a writ of certiorari from September 16, 2018 to November 15, 2018, submitted to Justice Alito.