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foolish

Jurisdictional question

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I have jurisdictional question.  A court of appeals affirmed a lowers decision recently I believe favorably to me under the circumstances.  I filed a notice that I will be seeking certiorari to the SCOTUS and that mandate issue. My question is do i have to wait for the mandate order to issue or can I refile an identical or similar complaint with the same court before mandate issues, so I won't waste any valuable time?  

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59 minutes ago, foolish said:

I have jurisdictional question.  A court of appeals affirmed a lowers decision recently I believe favorably to me under the circumstances.

 

What state (or federal system in what state)?

 

 

59 minutes ago, foolish said:

I filed a notice that I will be seeking certiorari to the SCOTUS and that mandate issue.

 

Huh?  If the appellate court's decision is favorable to you, why would you seek to appeal to SCOTUS?  Also, what do the last four words of this sentence mean?  The process for seeking certiorari is to file a petition for a writ of certiorari.  You don't file a notice that you intend to do that, and unless there's some oddball state process involved, you wouldn't also seek a writ of mandate.

 

 

1 hour ago, foolish said:

My question is do i have to wait for the mandate order to issue or can I refile an identical or similar complaint with the same court before mandate issues, so I won't waste any valuable time?

 

Without context, this question makes virtually no sense.  What mandate are you talking about?  Why would you "refile an identical or similar complaint" -- with any court, much less the same court (same court as what)?

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2 minutes ago, pg1067 said:

 

Huh?  If the appellate court's decision is favorable to you, why would you seek to appeal to SCOTUS?  Also, what do the last four words of this sentence mean?  The process for seeking certiorari is to file a petition for a writ of certiorari.  You don't file a notice that you intend to do that, and unless there's some oddball state process involved, you wouldn't also seek a writ of mandate.

 

Without context, this question makes virtually no sense.  What mandate are you talking about?  Why would you "refile an identical or similar complaint" -- with any court, much less the same court (same court as what)?

 

You have to excuse me I accidiently omitted the the word "not" seeking certiorari to SCOTUS, the judgment affirmed was a dismissal for lack of subject matter jurisdiction, the government sought to have decision on different ground of "failure to state  claim". The issues are federal, I just want to know if I have to wait for the mandate, basically the mandate issues on the 91st day from an appellate court when no petition is filed at the SCOTUS.   

 

 

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1 hour ago, foolish said:

You have to excuse me I accidiently omitted the the word "not" seeking certiorari to SCOTUS

 

Ok.

 

 

1 hour ago, foolish said:

The issues are federal

 

So...I assume we're talking about one of the circuit courts of appeals.

 

 

1 hour ago, foolish said:

I just want to know if I have to wait for the mandate, basically the mandate issues on the 91st day from an appellate court when no petition is filed at the SCOTUS.

 

Wait for the mandate to do what?  "[R]efile an identical or similar complaint with the same court"?  You ignored the question I asked previously:  Why would you "refile an identical or similar complaint" -- with any court, much less the same court?  If the case has been adjudicated and an appeal becomes final, then any "identical or similar complaint" would presumably be barred by res judicata, and that would presumably be the case whether you file it before or after the mandate issues.

 

Also, where did you get the idea that "the mandate issues on the 91st day from an appellate court when no petition is filed at the SCOTUS"?

 

FRAP 41(b) states that "[t]he court’s mandate must issue 7 days after the time to file a petition for rehearing expires, or 7 days after entry of an order denying a timely petition for panel rehearing, petition for rehearing en banc, or motion for stay of mandate, whichever is later."  FRAP 41 doesn't say how long one has to file a motion for stay of mandate.

 

FRAP 40(a)(1) provides that the time for filing a petition for rehearing is within 14 days after entry of judgment (except for governmental parties).

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