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Caleb L. McGillvary v. Michael T. G. Long, et al.

IFP petition · United States Court of Appeals for the Third Circuit, No. 25-1335 · judgment August 25, 2025


Certiorari denied · January 26, 2026

Questions presented

  1. Is the use of 3rd Cir. L.A.R. 27.4 to effectively convert an appeal as of right into a discretionary appeal, which denies an appellant the opportunity to fully brief the issues and fails to review the record below despite appellate jurisdiction being present, inconsistent with the Federal Rules of Appellate Procedure and 28 U.S.C. 1291, 1292(a)(1)?

  2. Would having papers reviewed by a Large Language Model Artificial Intelligence, such as Grok or ChatGPT, provide a better assurance of Due Process than copied-and-pasted boilerplate opinions?

  3. When the U.S. Department of Justice has made findings of a custom, policy, and practice of a state agency, which deprives a group of people of their rights under the Americans with Disabilities Act and Rehabilitation Act, should a preliminary injunction issue to mandate accomodations of those people's disabilities by a reasonable change to that custom, policy, and practice?

  4. Is the New Jersey Anti-Polygraph Statute, N.J.S.A, 2C-40A-1, pre­ empted by either the Americans with Disabilities Act, the Rehabilitation Act, and/or the Employee Polygraph Protection Act?

Counsel of record

For petitioner
Caleb L. McGillvary

For respondent
Elizabeth Micheletti
New Jersey Office of the Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 26 2026
    Petition DENIED.
  2. Jan 08 2026
    DISTRIBUTED for Conference of 1/23/2026.
  3. Dec 04 2025
    Waiver of right of respondents New Jersey Department of Corrections, State of New Jersey, New Jersey Department of Law and Public Safety, J. Stephen Ferketic, Joseph P. Cryan, Matthew J. Platkin, and Michael T.G. Long to respond filed.
  4. Oct 29 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2025)