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Lincoln Rymer v. Robert Lemaster, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-5655 · judgment January 14, 2019


Certiorari denied · October 7, 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

Circuit Judge Andrew Kleinfeld considers it to be capital punishment when teachers destroy students' career prospects as punishment for the students' exercise of free speech. Rymer's survival is threatened by his professors' retaliation for his speech. Despite the Tennessee Court of Appeals and three federal judges allowing claims in this case to proceed, Judge Victoria Roberts sua sponte dismissed this case, finding Docket Entry #1 frivolous. Judge Roberts spin-doctored the gravamen of this case and passed over key facts and claims. For five months, Judge Roberts defied an order of the Chief Judge of the Sixth Circuit removing her from this case. Judge Roberts exceeded her jurisdiction and disavowed Supreme Court precedent. On appeal, the Sixth Circuit disavowed this Court's rulings on at least seven occasions, e.g., decisions never made by the District Court cannot be affirmed. The Sixth Circuit uses staff attorneys to dispose of pro se appeals and does not allow pro se's to have oral arguments. Judgments rendered without due process are void. Does the conduct of the lower courts or the inadequate appellate review warrant a GVR, with instructions to consider in the first instance arguments pressed upon but passed over or otherwise given short shrift? Whether the circuits that consider state law to not be dispositive in determining if an entity is an arm of the state are correct?

Counsel of record

For petitioner
Lincoln Rymer

For respondent
Michael D. Fitzgerald
The University of Tennessee Office of General Coun

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Sep 26 2019
    Supplemental brief of petitioner Lincoln Rymer filed. (Distributed)
  3. Aug 14 2019
    DISTRIBUTED for Conference of 10/1/2019.
  4. Jul 30 2019
    Waiver of right of respondents Robert Lemaster, et al. to respond filed.
  5. May 20 2019
    Petition for a writ of certiorari filed. (Response due August 19, 2019)