Supreme Court Report

Supreme Court of the United States · Official docket →

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


Certiorari denied · April 17, 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.

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

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 17 2023
    Petition DENIED.
  2. Mar 29 2023
    DISTRIBUTED for Conference of 4/14/2023.
  3. Feb 03 2023
    Petition for a writ of certiorari filed. (Response due March 13, 2023)