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Teresita A. Canuto v. Nancy Pelosi, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 20-5016 · judgment May 15, 2020


Certiorari denied · October 19, 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.

Question presented

The district court made legal mistakes in the review the time to respond, directed must respond in summons served or-if required 21 days or within 60 days. Federal defendants William Pelham Barr, Channing D. Phillips and defendant Eric Garcetti failed to reply served summons. The district court’s order on December 4, 2019 dismissing the case was erroneous and contrary to rules because it allowed federal defendants and defendant’s non-compliance under the rules of the Fed. R. Civ. P. 4(a)(1) which (A) state the time within which the defendants must appear and defend; (B) filed-may be served in a judicial district of the United States by (l) following state law for serving a summons in an action brought in court’s of general jurisdiction; (C) state the name and address of the plaintiff s attorney or-if unrepresented. In addition, Appellant asserts that the district court has jurisdiction to hear claims against defendant Gavin Newsom under FTCA claims. As stated by Circuit Judges Dyk, Taranto and Hughes of the United States Court of Appeals for the Federal Circuit, Case No. 2015-5085 decided on September 14, 2015 Teresita A. Canuto v. United States: “District Courts have jurisdiction over FTCA claims against injury or loss of property or personal injury or death caused by the neglect or wrongful act or omission of any employee of the government while acting within the scope of his office or employment.” The Questions Presented Are l) Whether the U.S. Court of Appeals and the District Court erred when it affirm the motion for summary affirmance and motion to dismiss of appellee Gavin Newsom.

Counsel of record

For petitioner
Teresita A. Canuto

For respondent
Douglas Neal Letter
Office of General Counsel

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 19 2020
    Petition DENIED.
  2. Sep 30 2020
    DISTRIBUTED for Conference of 10/16/2020.
  3. Sep 23 2020
    Waiver of right of respondent Reps. Nancy Pelosi, Steny Hoyer, James Clyburn, Kevin McCarthy, Stephen Scalise, Ben Ray Luján, Hakeem Jeffries, Elizabeth Cheney, and Gary Palmer to respond filed.
  4. Sep 09 2020
    Waiver of right of respondent Gavin Newsome, Governor of California to respond filed.
  5. Aug 12 2020
    Petition for a writ of certiorari filed. (Response due September 23, 2020)