No. 18-1196

In Re William Kinney, et ux.

Lower Court: N/A
Docketed: 2019-03-14
Status: Denied
Type: Paid
Tags: 14th-amendment all-writs-act civil-rights district-court-discretion district-court-jurisdiction due-process equitable-tolling fair-debt-collection fdcpa fdcpa-claim federal-jurisdiction mandamus state-court-jurisdiction state-court-proceedings stay-of-proceedings title-42-claims
Key Terms:
DueProcess
Latest Conference: 2019-05-16
Question Presented (AI Summary)

Challenging dismissal of FDCPA and civil rights claims, seeking reinstatement and stay of state court proceedings

Question Presented (from Petition)

QUESTIONS PRESENTED Whether this court should reverse the decision of the Sixth Circuit, and direct the District Court: 1. To apply the doctrine of Equitable Tolling and reinstate petitioner's original : FDCPA claim; 2. To reinstate petitioners additional (or new) FDCPA claim that arose on April 10, 2017 during the district court proceedings; 3. To reinstate Petitioner's Title 42 §§ 1983 and 1985 claims until the court decides whether or not state court jurisdiction over the petitioners comports with the 14% amendment to the U.S. Constitution; 4. To direct the district court to resolve petitioner’s several motions left unresolved at the time of dismissal, which was not reviewed by the Sixth Circuit. 5. To stay the state court proceedings under the All Writs Act, 28 U.S.C. § 1651 until the respondents have complied with all district court orders and the matter of state court jurisdiction is resolved.

Docket Entries

2019-05-20
Petition DENIED.
2019-04-30
DISTRIBUTED for Conference of 5/16/2019.
2019-02-12
Petition for a writ of mandamus filed. (Response due April 15, 2019)

Attorneys

William Kinney, et al.
William Kinney — Petitioner
William Kinney — Petitioner