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Joseph Findler v. Christopher Wray, Director, Federal Bureau of Investigation, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 19-2487 · judgment August 19, 2020


Certiorari denied · January 11, 2021
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.

Question presented

Do the lower federal courts have the authority to depart from the pleading standards required by the Federal Rules of Civil Procedure and this Court's relevant decisions, when a complaint alleges unlawful and unconstitutional conduct, which, if proven true, would entail an entitlement to relief? Does a District Court have the discretion to deny any opportunity to amend a complaint at the same time it dismisses a complaint with prejudice, when there is any possibility that deficiencies may be cured through more specified pleading or without notice, a definitive ruling on the pleadings, or identification of deficiencies within the complaint prior? Can a lower federal court determine it lacks subject matter jurisdiction over a plaintiffs claims and proceed to make a determination on the merits of a plaintiffs claims or “hypothetically” impose or bypass the question of subject matter jurisdiction to make a determination on the merits of a plaintiffs claims, and then subsequently dismiss those claims with prejudice? Can a Circuit Court affirm, in whole, the holding of a District Court, which determined that it lacked subject matter jurisdiction over a plaintiffs claims, when the Circuit Court’s determination that the District Court had subject matter jurisdiction over a plaintiffs claims, directly conflicts with that District Court’s holding?

Counsel of record

For petitioner
Joseph Findler IV

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, January 11, 2021 · Certiorari denied

Proceedings

  1. Jan 11 2021
    Petition DENIED.
  2. Dec 09 2020
    DISTRIBUTED for Conference of 1/8/2021.
  3. Dec 07 2020
    Waiver of right of respondents Wray, Christopher, et al. to respond filed.
  4. Nov 02 2020
    Petition for a writ of certiorari filed. (Response due December 10, 2020)