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Hong Tang v. Kurt L. Schmoke, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 20-2308, 21-1243 · judgment August 5, 2021


Certiorari denied · June 27, 2022
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

  1. Whether in 42 U.S.C. § 1983 proceedings, when the lower court even specifically stated in the initial per curiam opinion and judgment that “[t]he court's dismissal of a plaintiffs case because the plaintiff lacks jurisdiction is not a determination of the merits and does not prevent the plaintiff from pursuing a claim in a court that does have proper jurisdiction or otherwise curing the jurisdictional defect”1, federal equitable tolling rather than borrowed Maryland state limitations and tolling rules should apply to the subsequently re-filed claim and lead to a different outcome of this case. 1 Tang u Univ. ofBaltimore, Case No. 19-1146 (4th Cir. 2019)

Counsel of record

For petitioner
Hong Tang

For respondent
Lillian L. Reynolds
Maryland Office of the Attorney General

Case

Conference history
Distributed for 2 conferences

Linked docket
21A239

Proceedings

  1. Oct 03 2022
    Rehearing DENIED.
  2. Sep 07 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Jul 22 2022
    Petition for Rehearing filed.
  4. Jun 27 2022
    Petition DENIED.
  5. Jun 07 2022
    DISTRIBUTED for Conference of 6/23/2022.
  6. May 25 2022
    Waiver of right of respondent Kurt L. Schmoke, et al. to respond filed.
  7. Feb 22 2022
    Petition for a writ of certiorari filed. (Response due June 3, 2022)
  8. Dec 16 2021
    Application (21A239) granted by The Chief Justice extending the time to file until February 24, 2022.
  9. Dec 14 2021
    Application (21A239) to extend the time to file a petition for a writ of certiorari from December 26, 2021 to February 24, 2022, submitted to The Chief Justice.