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Ganiyu Ayinla Jaiyeola v. Thomas L. Dorwin
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 22-1424 · judgment October 5, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Question 1 presented is: Whether the Supreme Court order that Federal Courts of Appeals are obligated to sua sponte review subject-matter jurisdiction is sues regardless of the circumstances. Gonza lez v. Thaler, 565 U.S. 134 (2012). “When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default.” Fed. R. Civ. R 55(a). “The rules at issue here are the Fed eral Rules of Civil Procedure, which have the same force of law that any statute does.” In re Nat’l Prescription Opiate Litig., No. 20-3075 (6th Cir. 2020). Plaintiff filed a Motion (TWO times) per Rule 55(a) for Dorwin (the Clerk of the District Court) to enter a default against Defendant Brundage in an Unauthorized Practice of Law lawsuit. (Jaiyeola v. Brund age, No. l:21-cv-01053 (W.D. Mich. 2021)). Dorwin did not consider the two Motions and Dorwin did not respond to the two Motions. A Clerk is required to respond to Motions di rected to the Clerk. Dorwin violated Plain tiffs’ “constitutional right to due process and equal protection,”1 violated Plaintiff’s “first amendment”2 rights, and denied Plaintiff due 1 Futernick. 2 Filipas. , 'rr1' r,: '-?P
Counsel of record
For petitioner
Ganiyu Ayinla Jaiyeola
For respondent
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Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 17 2023Petition DENIED.
- Mar 29 2023DISTRIBUTED for Conference of 4/14/2023.
- Feb 03 2023Petition for a writ of certiorari filed. (Response due March 13, 2023)