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Greg Steven Elofson v. Stephanie Bivens, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-16538 · judgment August 8, 2019


Certiorari denied · January 13, 2020
Pre-decision estimate: 0% cert probability

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

Questions presented

The DC Circuit summarized the confusion over RICO’s venue and process section, 18 U.S.C. § 1965, by writing “There are differing views among our own district judges as well as in our. sister circuits regarding the proper interpretation of this language.” Fc Investment Group Lc v. IFX Markets, Ltd., 529 F.3d 1087, 1099 (D.C. Cir. 2008). Thus, the question presented is:

  1. Does the RICO venue and process statute, 18 U.S.C. § 1965, provide for nationwide service of process under § 1965(d), consistent with the Clayton Act and this Court’s construction of the ‘ends of justice” language in Standard Oil Co., or under § 1965(b), as four circuits have held by opting for judicial economy? The ongoing failure to engage in the early diagnosis of Alzheimer’s disease will cost the U.S. government up to $7 trillion. But, the probate courts will order an individual into plenary guardianship based on a mere confirmatory diagnosis of Alzheimer’s disease. Given that plenary guardianship is not narrowly tailored, and that the abusive treatment by professional guardians is widely known, the disincentives against early testing of Alzheimer’s disease are formidable, and the consequential societal costs promise to be catastrophic. In this light, the question presented is:

  2. Whether plenary guardianship executed by reason of a diagnosis of Alzheimer’s disease is unconstitutional as applied.

Counsel of record

For petitioner
Greg Steven Elofson

For respondent
Betsy Spalding Kimball
Klinedinst

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 13 2020
    Petition DENIED.
  2. Dec 11 2019
    DISTRIBUTED for Conference of 1/10/2020.
  3. Nov 25 2019
    Waiver of Steven Mudd of right to respond not accepted for filing. (November 26, 2019)
  4. Nov 25 2019
    Waiver of Steven Mudd of right to respond not accepted for filing. (November 26, 2019)
  5. Nov 25 2019
    Waiver of right of respondent Paul Theut to respond filed.
  6. Nov 22 2019
    Waiver of right of respondent Steven Mudd to respond filed.
  7. Nov 12 2019
    Waiver of right of respondent Stephanie Bivens to respond filed.
  8. Oct 28 2019
    Petition for a writ of certiorari filed. (Response due December 2, 2019)