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