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Peter Thompson v. Gregg Sullivan, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-35528 · judgment June 28, 2023


Certiorari denied · March 18, 2024
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. Did the Ninth Circuit err in concluding that the lower US District Court of Montana proceedings could be equitably affirmed when the district court objections of record and a number of the noticed for appeal orders were inappropriately excluded and not reviewed on appeal? Alternatively, does the combination of Ninth Circuit Rule 30-1.3. “No Excerpts Required for Pro Se Party” and the circuit’s prohibition of “citations directly to the underlying record” authorize opposing counsel to unconstitutionally withhold legally required documents that would otherwise be available for pro se filers under FRAP 30(b)(1)?

  2. Did the Ninth Circuit err in affirming their clerk’s order denying this Petitioner’s right to cite documents of record from the district court proceeding (as argued in the appellant’s opening brief) in his reply brief while in the same order denying this Petitioner the right to file a reply brief?

  3. Did the Ninth Circuit err when it held the opening brief accountable to technical pleading require­ ments that circumvented adjudication on the merits after the circuit’s published for pro se use, informal forms counseled the pro se pleader that they did not have to do more than say in what part of the record the district court had made mistakes and affirm that the alleged mistakes had indeed been objected to in the district court proceedings?

  4. Did the Ninth Circuit err in not addressing the allegations that opposing counsel were obstructing the course of justice and collaboratively engaging in extrinsic fraud by breaching their procedural duties to

Counsel of record

For petitioner
Peter Thompson

For respondent
Matthew B. Hayhurst
Boone Karlberg P.C.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 18 2024
    Petition DENIED.
  2. Feb 28 2024
    DISTRIBUTED for Conference of 3/15/2024.
  3. Feb 27 2024
    Waiver of right of respondent Commonwealth Land Title to respond filed.
  4. Feb 22 2024
    Waiver of right of respondent Arthur Wihich to respond filed.
  5. Feb 21 2024
    Waiver of right of respondent Richard T. Embry to respond filed.
  6. Feb 19 2024
    Waiver of right of respondent Randy Sullivan to respond filed.
  7. Feb 14 2024
    Waiver of right of respondents Cattail Creek Community Association, et al. to respond filed.
  8. Jan 30 2024
    Waiver of right of respondents Susan B. Swimley and Susan B. Swimley Inc. to respond filed.
  9. Jan 30 2024
    Waiver of right of respondents City of Bozeman, Greg Sullivan, Kyla Murray, Tim Cooper, Bob Risk, Jim Veltkamp, Mark Carpenter, and Co-Counsel for Travis Munter to respond filed.
  10. Jan 29 2024
    Waiver of right of respondents Intrinsik Architecture, Inc.; Tad Tsukamoto; Allison Gilley to respond filed.
  11. Jan 29 2024
    Waiver of right of respondents Wayne Jennings; Jennings Law Office; Amy Hanson to respond filed.
  12. Jan 17 2024
    Petition for a writ of certiorari filed. (Response due February 22, 2024)