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David H. Penny v. Lincoln's Challenge Academy

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 19-3168 · judgment August 27, 2020


Certiorari denied · March 1, 2021
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

What is the proper treatment of Pro Se litigants nationwide who make a technical error or other mis­ take for lack of knowledge or a misunderstanding of the law or local rules, causing a dismissal of the case or granting of summary judgment against them with­ out their case being heard and without the opportunity to correct the error; which equates to justice being de­ nied them whether plaintiff or defendant? What is the equitable treatment nationwide of Pro Se litigants in procedures addressing the disparity in privileges in local rules between jurisdictions, for ex­ ample, discrimination between Pro Se and Social Secu­ rity or Prisoner litigants concerning local rules and between aid given to Pro Se litigants concerning sum­ mary judgment and similar aid not given to other Pro Se litigants within the same State or between the States? What is the resolution of conflicting opinions on summary judgment between various circuit court opin­ ions as it relates to pro se litigants? What is the proper interpretation of precedent case law regarding the Constitutionality problems sur­ rounding Federal Civil Rule 56: summary judgment? What is the clear and equitable standard for con­ sistency in the application of the reasonable jury standard in Federal Rule 56?

Counsel of record

For petitioner
David H. Penny

For respondent
Frank Henry Bieszczat
Office of the Illinois Attorney General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 19 2021
    Rehearing DENIED. Justice Barrett took no part in the consideration or decision of this petition.
  2. Mar 31 2021
    DISTRIBUTED for Conference of 4/16/2021.
  3. Mar 23 2021
    Petition for Rehearing filed.
  4. Mar 01 2021
    Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
  5. Feb 10 2021
    DISTRIBUTED for Conference of 2/26/2021.
  6. Feb 04 2021
    Waiver of right of respondent Lincoln's Challenge Academy to respond filed.
  7. Jan 13 2021
    Petition for a writ of certiorari filed. (Response due February 22, 2021)