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Carl Sidney Race v. Montana State Prison Infirmary, et al.
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 24-38 · judgment July 18, 2025
Questions presented
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Does a U.S. Magistrate Judge have the authority under 28 U.S.C. § 636(c) to supersede an Order of the Article III U.S. District Court Judge that denied the Defendants Motion to Dismiss under F.R.Civ.P. 12(b)(6) because the Plaintiff did not provide specific facts to show defendant/s personal involvement, with an Order granting defendant's motion to dismiss because the Plaintiff did not provide specific facts to show defendant/s person involvement?
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Did the Ninth Circuit Court of Appeals err in affirming the District Court's denial of Plaintiff's Motion to Compel^Dis covery that was past due according to the Scheduling Order that would have provided the necessary facts to show personal involement of the defendant's before dimissing the case?
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Did the Ninth Circuit Court of Appeals err in affirming the District Court's denial to Plaintiff's request’for service on the additional defendant's after permission to proceed informapauperis was granted?
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Did the lower courts err by holding the plaintiff to a higher standard of pleading to survive a F.R.Civ.P. Rule. 12(b)(6) motion to dismiss than is required by U.S. Supreme Court and Ninth Circuit precedent case-law?
Counsel of record
For petitioner
Carl Sidney Race
For respondent
Michael Glenn Black
Risk Management and Tort Defense, State of MT
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 20 2026Petition DENIED.
- Dec 31 2025DISTRIBUTED for Conference of 1/16/2026.
- Dec 30 2025Waiver of right of respondent MT State Prison Infirmary, et al. to respond filed.
- Nov 21 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 7, 2026)