Supreme Court of the United States · Official docket →
R. S., et al., Individually and on Behalf of Their Son, A. S. v. Board of Education Shenendehowa Central School District, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 20-1153 · judgment May 8, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether an appellate court may sue sponte dismiss an appeal which has been filed within the time limitations stated in the Federal Rules of Appellate Procedure FRAP Rule 26(c) that adds 3 days for service by mail to file an appeal for which the motion has been granted to reopen the time to file an appeal under rule 4(a)(6) of FRAP? Whether non-attorney pro se parents can reasonably have been expected to know of unwritten rules that lawyers take for granted that FRAP Rule 26(c) does not apply to mailed motions that are granted to reopen the time to file an appeal under rule 4(a)(6) of FRAP when that is impossible to determine when reading the Federal Rules of Appellate Procedure? Whether the interpretation of FRAP is intended to be based on the stand-alone _ document and whether supplementary rules are required for its interpretation where such supplementary rules are referenced within FRAP to the particular application of FRAP rule 26(c) on FRAP rule 4(a)(6)?
Counsel of record
For petitioner
R. S.
For respondent
Sarah Lily Rosenbluth
New York State Office of the Attorney General
Case
Conference history
Distributed for 2 conferences
Proceedings
- Mar 08 2021Rehearing DENIED.
- Feb 17 2021DISTRIBUTED for Conference of 3/5/2021.
- Feb 05 2021Petition for Rehearing filed.
- Jan 11 2021Petition DENIED.
- Dec 16 2020DISTRIBUTED for Conference of 1/8/2021.
- Dec 09 2020Waiver of right of respondent Board of Education Shenendehowa Central School District to respond filed.
- Nov 26 2020Waiver of right of respondents MaryEllen Elia, Commissioner of the University of the State of New York to respond filed.
- Oct 05 2020Petition for a writ of certiorari filed. (Response due December 7, 2020)