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Alice Guan v. Gary Bell, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 21-2397 · judgment May 26, 2022


Certiorari denied · January 9, 2023
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Alice alleged bribery, 42 U.S.C. § 1983 violation of her constitutional rights and replaced “vacate state court order” with “seeking prospective relief’. Chief Judge Liam O’Grady astonishingly estab­ lished a claim of his own (App.3a-14a) re-litigating corporate ownership, seek to vacate state court order, and there are no Constitutional or federal protected rights involved. Judge O’Grady proceeded to dismiss his own self-established claim with prejudice based on lack of jurisdiction and failure to state a claim, then he mooted all of Alice’s claims. Alice appealed. O’Grady court docketed the notice of appeal without including the court order that was attached to the notice of appeal. Fourth Circuit denied the motion to correct such incorrectly docketed Notice of Appeal, it affirmed District Court’ decision without offering any discussion on merit. The Questions Presented Are:

  1. Whether Fourth Circuit affirming district court’s decision based on altered Notice of Appeal without performing any review on the merit of the appeal violates the equal protection and due process Clauses of the Fourteenth Amendment and the right to petition the Government for a redress of grievances Clause of the First Amendment. If Fourth Circuit did not affirm based on the reason of the court caused faulty Notice of Appeal, then:

  2. Whether Fourth Circuit mooting all of Alice’s claims after it dismissed its own self-established claim with prejudice to prevent Alice’s claims from residing under the same specific legal case l:21-cv-00752 and whether the Fourth Circuit did not consider much less

Counsel of record

For petitioner
Alice Guan

For respondent
Andrew Nathan Ferguson
Office of the Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 09 2023
    Petition DENIED.
  2. Nov 30 2022
    DISTRIBUTED for Conference of 1/6/2023.
  3. Oct 18 2022
    Waiver of right of respondents James C. Clark, et al. to respond filed.
  4. Sep 26 2022
    Petition for a writ of certiorari filed. (Response due November 14, 2022)