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Charles L. Ryan, Director, Arizona Department of Corrections, et al. v. Shawn Jensen, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-17282, 17-15352, 17-15302 · judgment December 20, 2018

Certiorari denied · October 7, 2019
Pre-decision estimate: 8% cert probability (95% interval 5%–13%)

Before the decision, about 2× the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a Ninth Circuit decision below, and a circuit split argued in the petition.

Questions presented

  1. Did the Ninth Circuit—in direct conflict with the Seventh Circuit—erroneously fail to recognize that 28 U.S.C. § 636(c) precludes the parties from selecting a particular magistrate judge to preside over their conflict and that, when they do so, the magistrate judge does not obtain jurisdiction over the matter?

  2. Did the Ninth Circuit—contrary to the text of 18 U.S.C. § 3626(a)(1)(A), the purpose of the Prison Litigation Reform Act, and decisions of this Court and other circuit courts—err in holding that a court can order prospective relief in a civil action relating to prison conditions without first finding that the defendant actually violated the prisoner’s federal rights?

Counsel of record

For petitioner
Nicholas D. Acedo
Struck Love Bojanowski & Acedo, PLC

For respondent
—

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Jul 31 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Jun 12 2019
    Petition for a writ of certiorari filed. (Response due July 15, 2019)