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Marilyn Tillman-Conerly v. Office of Personnel Management, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-17502 · judgment July 2, 2021


Certiorari denied · October 4, 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, though a petition filed soon after the judgment below counted the other way.

Question presented

1.) Whether the Ninth Circuit Court abused its discretion by finding and deciding that the District Court did not abuse its discretion by dismissing Plaintiff s/Appellant’s/Petitioner’s/Tillman-Conerly’s for failure to effect timely service of summons and complaint on Defendants/Appellees/ Respondents when Petitioner’s Process Server followed the necessary alternative service procedure instructed by Defendants’/Appellees’/ Respondents’ office of general counsel gave because of the Covid 19 pandemic (Corona Virus) which caused Defendants’/AppeUees’/Respondents’ agency to be closed without a date that they would be reopened? 2.) Whether Petitioner’s Process Server did-effect timely serve of summons and complaint on Defendants/Appellees/Respondents when the Process Server followed the necessary alternative service procedure instructed by Defendants’/Appellee’s/Respondent’s office of general counsel gave because of the uncontrollable covid 19 pandemic (Corona Virus) which caused defendants’ agency to be closed without a date that they would be reopened? 5.) Whether Plaintiff/Appellant/Petitioner did show good cause for failure to serve Plaintiff/Appellee/Respondent by Plaintiffs/Appellant’s/Petitioner’s Process Server not following the previous usual procedure, Plaintiff’s/ Appellee’s/Petitioner’s Process Server did-effect timely serve of summons and

Counsel of record

For petitioner
Marilyn Tillman-Conerly

For respondent
Brian H. Fletcher
Acting Solicitor General

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, October 4, 2021 · Certiorari denied

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Aug 25 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Aug 16 2021
    Waiver of right of respondent OPM, et al. to respond filed.
  4. Jul 30 2021
    Petition for a writ of certiorari filed. (Response due September 7, 2021)