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Robert R. Snyder v. California Department of Corrections and Rehabilitation, et al.

Paid petition · Court of Appeal of California, Fifth Appellate District, No. F081087 · judgment August 15, 2022


Certiorari denied · May 22, 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

• Did the California corrections agency exceed the bounds of its statutory authority when they wrote an administrative regulation without any sort of predicate timeframe? • Can a state law without a timeframe for property reissuance, pass the reasonableness test? What would constitute an unreasonable delay in that context? • Can review courts safely defer to administrative interpretation that does not exist? Does the omission of a substantive predicate—to guide decision makers— constitute an ambiguity and/or a failure to interpret (the governing authority) for Chevron purposes? • Does an agency actually possess discretion to promulgate and then refuse to amend.., one sided administrative codes—those which result in casual and often deprivations of prisoner’s chattels? • Is the term ministerial duty strictly limited to the text of agency-regulations—under a state's administrative procedures—or can it be derived also from duties arising out of statutory and/or constitutional provisions?

Counsel of record

For petitioner
Robert R. Snyder

For respondent

Case

Conference history
Distributed for 1 conference

Linked docket
22A656

Proceedings

  1. May 22 2023
    Petition DENIED.
  2. May 02 2023
    DISTRIBUTED for Conference of 5/18/2023.
  3. Mar 15 2023
    Petition for a writ of certiorari filed. (Response due April 17, 2023)
  4. Jan 24 2023
    Application (22A656) granted by Justice Kagan extending the time to file until March 18, 2023.
  5. Jan 12 2023
    Application (22A656) to extend the time to file a petition for a writ of certiorari from February 7, 2023 to March 18, 2023, submitted to Justice Kagan.