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Kuang-Bao Ou-Young v. John G. Roberts, Jr., Chief Justice, Supreme Court of the United States, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-2216 · judgment March 12, 2020

Certiorari denied · November 23, 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

On May 2, 2017, the U.S. attorney’s office for northern California instituted a criminal action against petitioner. On December 19, 2017, the U.S. district court for northern California committed petitioner to competence restoration at Federal Medical Center, Butner, North Carolina. As a result, petitioner applied for a writ of habeas corpus with the U.S. district court for eastern North Carolina on April 5, 2018. The latter district court dismissed the application on September 17,

  1. The denial led to petitioner’s September 28, 2018 complaint based on Federal Tort Claims Act (“FTCA”). The FTCA complaint challenges the constitutionality of certain federal statutes as well. On October 30, 2018, the California district court dismissed the criminal case without prejudice. On October 2, 2019, the district court for eastern North Carolina dismissed the FTCA case. U.S. Court of Appeals for the Fourth Circuit upheld said dismissal on March 12, 2020 and denied the ensuing petition for rehearing en banc on May 26,

  2. Thus, the following questions are presented for review:

  3. Should a three-judge court instead of a single judge at the North Carolina district court adjudge the FTCA case?

  4. Does denial of certiorari justify dismissal of said FTCA case? (i)

Counsel of record

For petitioner
Kuang-Bao P. Ou-Young

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 3 conferences

Proceedings

  1. Jan 19 2021
    Rehearing DENIED. The Chief Justice, Justice Breyer and Justice Alito took no part in the consideration or decision of this petition.
  2. Dec 30 2020
    DISTRIBUTED for Conference of 1/15/2021.
  3. Dec 18 2020
    Petition for Rehearing filed.
  4. Nov 23 2020
    Petition DENIED. The Chief Justice, Justice Breyer, and Justice Alito took no part in the consideration or decision of this petition.
  5. Nov 04 2020
    DISTRIBUTED for Conference of 11/20/2020.
  6. Oct 16 2020
    Rescheduled.
  7. Sep 30 2020
    DISTRIBUTED for Conference of 10/16/2020.
  8. Sep 23 2020
    Waiver of right of respondent Roberts, Chief Justice, et al. to respond filed.
  9. Aug 24 2020
    Petition for a writ of certiorari filed. (Response due October 1, 2020)