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Bruce Dwain Copeland v. Eva McClintock, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 25-7226 · judgment January 7, 2026


Certiorari denied · October 19, 2026
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.

Question presented

This petition presents the following questions: 1.. Whether the Due Process Clause of the Fourteenth Amendment is violated when a federal appellate court dismisses a pro se appellant's appeal for failure to respond to an order that was never received, where the court's own docket affirmatively establishes that multiple mailings to the appellant were returned as undeliverable, the court had actual knowledge of the mail delivery failure, and the appellant was never afforded an opportunity to be heard before dismissal. 2.. Whether federal appellate court clerks who dismiss appeals pursuant to court rules, without judicial review or authorization, where the court's own records establish the appellant never received the order requiring a response, violate the appellant's due process rights and are entitled to absolute immunity from damages under 42 U.S.C. § 1983. 3.. Whether state appellate court clerks who issue orders purporting to strip a litigant of his constitutional right to appeal—without judicial authorization, without serving as ministerial acts, and in direct violation of state statutes that reserve such authority exclusively to presiding justices or judges—are entitled to absolute quasi-judicial immunity under 42 U.S.C. § 1983, or whether such conduct falls outside the scope of any applicable immunity doctrine.

Counsel of record

For petitioner
Bruce Dwain Copeland

For respondent
—

Case

Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 19, 2026 · Certiorari denied

Proceedings

  1. Oct 19 2026
    Petition DENIED.
  2. Sep 30 2026
    DISTRIBUTED for Conference of 10/16/2026.
  3. Mar 27 2026
    Petition for a writ of certiorari filed. (Response due September 14, 2026)