Supreme Court Report

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


Certiorari denied · January 11, 2021
Pre-decision estimate: 1% cert probability

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

  1. Mar 08 2021
    Rehearing DENIED.
  2. Feb 17 2021
    DISTRIBUTED for Conference of 3/5/2021.
  3. Feb 05 2021
    Petition for Rehearing filed.
  4. Jan 11 2021
    Petition DENIED.
  5. Dec 16 2020
    DISTRIBUTED for Conference of 1/8/2021.
  6. Dec 09 2020
    Waiver of right of respondent Board of Education Shenendehowa Central School District to respond filed.
  7. Nov 26 2020
    Waiver of right of respondents MaryEllen Elia, Commissioner of the University of the State of New York to respond filed.
  8. Oct 05 2020
    Petition for a writ of certiorari filed. (Response due December 7, 2020)