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Farzana Sheikh, et vir v. San Joaquin General Hospital
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-16586 · judgment January 22, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
A federal court's "obligation" to hear and decide a case that implicates Constitutional and Civil Rights is "virtually unflagging". Parallel state-court proceedings do not detract from that obligation; Sprint Communications, Inc. v. Jacobs, 571 US 69 (2013) Petitioners removed an action to the district court seeking injunctive and declaratory reliefs. Without even a cursory hearing, without any opposition by the defendants, the district court dismissed the action and wrote "the federal action shall be closed". Furthermore, the Eastern District of California denies Article III standing to petitioners and to a class of individuals, in all actions including federal Civil Rights, via its Local Rule 302(c)(21); All matters including dispositive are referred to Magistrates even when consent is declined in writing. Whether Local Rule 302 (c) (21) of Eastern District of California conforms with 28 U.S.C. § 636 and conforms with Article III Jurisprudence? Alternatively, whether the district court has an obligation to hear the case?
Counsel of record
For petitioner
Farzana Sheikh
For respondent
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Proceedings
- Mar 18 2019Petition DENIED.
- Feb 20 2019DISTRIBUTED for Conference of 3/15/2019.
- Oct 20 2018Petition for a writ of certiorari filed. (Response due February 4, 2019)
- Sep 26 2018Application (18A223) granted by The Chief Justice extending the time to file until October 20, 2018.
- Sep 22 2018Application (18A223) to extend further the time from October 1, 2018 to October 20, 2018, submitted to The Chief Justice.
- Aug 29 2018Application (18A223) granted by The Chief Justice extending the time to file until October 1, 2018.
- Aug 18 2018Application (18A223) to extend the time to file a petition for a writ of certiorari from August 21, 2018 to September 30, 2018, submitted to The Chief Justice.