Missing court notices
Zeng v. Mattress Firm
In brief
- Where it stands
- Petition Pending
Awaiting an order on the petition
- What it’s about
- Hou He Zeng asks the Supreme Court to review a Fifth Circuit order after claiming he never received a rehearing order and therefore missed the deadline to seek Supreme Court review of his case against Mattress Firm.
- What's at stake
- Zeng’s request to challenge the missed filing deadline remains unresolved; the Supreme Court has not agreed to review his case.
Summary: written with AI from the case record.
What it's about
He asks what notice records the appeals court must check and what relief it should provide if a notice failure caused the missed deadline.
The petition asks how the Fifth Circuit should handle a sworn claim that missing notice of a rehearing order caused a missed Supreme Court filing deadline.
Question presented
1. What inquiry into compliance with Federal Rule of Appellate Procedure 45(c) is required when a motion to recall the mandate presents a sworn claim that nonreceipt of a rehearing order prevented timely filing of a petition for certiorari and expressly requests examination of the court’s contemporaneous notice and service records? 2. What standard governs recall of the mandate or other corrective relief if a court of appeals finds that a failure to provide the required notice prevented timely filing of a petition for certiorari, consistent with 28 U.S.C. § 2101(c) and this Court’s Rule 13.3?
What happens next
The next step is for the Supreme Court to decide whether to hear the case. No argument or decision date is set.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Brief added: Petition
More questions
- What records does Zeng want the Fifth Circuit to check?
- His petition asks the appeals court to examine its records from the time about notice and service of the rehearing order.
Sources
Primary materials from the Court and the parties. Grounded in docket records and cited sources. Official filings and opinions remain authoritative.