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Igor Lukashin v. United States Court of Appeals for the Ninth Circuit

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-80034 · judgment May 24, 2022


Certiorari denied · March 20, 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

  1. Whether the Ninth Circuit has been denying Due Process by applying a purportedly categorical rule, RamirezAleiandre v. Ashcroft. 320 F.3d 858, 875 (9th Cir. 2003) (en banc), allegedly supported by Padgett v. Wright. 587 F.3d 983, 985 n. 2 (9th Cir. 2009) to thousands of pro se appeals, a-la secret policy in Schexnavder u. Vannoy, 140 S. Ct. 354 (U.S. 2019) (Sotomayor, J.), when this Court’s and the circuit’s actual waiver / forfeiture law has discretion, e.g. In re Apple Inc. Device Performance Litigation. 50 F. 4th 769, 782 n. 9 (9th Cir. 2022)?

  2. Whether the Ninth Circuit retaliated against Lukashin for repeatedly bringing the “Padgett fraud” to that court’s attention via Circuit Rule 36-4 requests for publication and motions to intervene, e.g. California River Watch v. City of Vacaville. 14 F.4th 1076, 1079 (9th Cir. 2021), intervention denied by amended opinion. 39 F.4th 624 (9th Cir. 2022) (“CRW”), via a pre-filing review order and denying reconsideration, all without following requirements of binding circuit precedent (Molski / DeLong / Ringgold) or engaging with Lukashin’s arguments.

Counsel of record

For petitioner
Igor Lukashin

For respondent

Case

Conference history
Distributed for 1 conference

Linked docket
22A320

Proceedings

  1. Mar 20 2023
    Petition DENIED.
  2. Mar 10 2023
    Supplemental brief of petitioner Igor Lukashin filed. (Distributed)
  3. Mar 01 2023
    DISTRIBUTED for Conference of 3/17/2023.
  4. Dec 16 2022
    Petition for a writ of certiorari filed. (Response due February 10, 2023)
  5. Oct 18 2022
    Application (22A320) granted by Justice Kagan extending the time to file until December 16, 2022.
  6. Oct 04 2022
    Application (22A320) to extend the time to file a petition for a writ of certiorari from October 17, 2022 to December 16, 2022, submitted to Justice Kagan.