U.S. Supreme Court

Supreme Court refuses to resurrect case of once-missing cert petitioner

A high-profile lawyer wasn’t able to persuade the U.S. Supreme Court to reinstate the case of a former pro se cert petitioner who disappeared after the court agreed to hear his case.

Former U.S. Solicitor General Paul Clement had argued (PDF) that his pro bono client, Bobby Chen, had no intention of abandoning the case when he was sidelined by an injury on a business trip to California. In a brief order on Monday, the Supreme Court refused to reinstate the case, report the Wall Street Journal (sub. req.), the Wall Street Journal Law Blog and the Baltimore Sun.

At issue in Chen’s case was the power of federal judges to extend the time for service of lawsuits. The court dismissed Chen’s case after he failed to file an opening brief on the merits and didn’t provide a contact number. His email address didn’t work and he couldn’t be found at the address he listed in Flushing, New York.

Hat tip to How Appealing.