No. 18-471

Jay Sandon Cooper v. Bank of New York Mellon, Trustee, et al.

Lower Court: Fifth Circuit
Docketed: 2018-10-12
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure due-process fifth-amendment in-forma-pauperis property-foreclosure property-rights res-judicata standing statute-of-limitations
Key Terms:
ERISA DueProcess
Latest Conference: 2018-12-07
Question Presented (AI Summary)

Is Cooper's appeal taken in good faith, arguable on its merits, and therefore, not frivolous?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Cooper was denied IFP status. The doctrine of res judicata was invoked by the biased magistrate judge, not defendants, although Cooper’s house had never been sold to be actionable in a previous lawsuit. The Court shifted the burden to Cooper to brief the Court on res judicata and provide evidence of previous cases. Although Texas’ statute of limitations voided defendants’ lien-and power of sale to enforce a lien on the property effective four-years after the June 9, 2006, acceleration of the maturity of the note, defendants sold Cooper’s house on August 5, 2014. Cooper’s lawsuit was dismissed depriving him of a day in court and due process. ISSUE 1: Is Cooper’s appeal taken in good faith, arguable on its merits, and therefore, not frivolous? ISSUE 2: Has Cooper been deprived of due process under the Fifth Amendment? ; i

Docket Entries

2018-12-10
Petition DENIED.
2018-11-20
DISTRIBUTED for Conference of 12/7/2018.
2018-11-06
Waiver of right of respondents Bank of New York Mellon, Trustee, et al. to respond filed.
2018-07-30
Petition for a writ of certiorari filed. (Response due November 13, 2018)
2018-05-11
Application (17A1245) granted by Justice Alito extending the time to file until July 30, 2018.
2018-05-07
Application (17A1245) to extend the time to file a petition for a writ of certiorari from May 29, 2018 to July 28, 2018, submitted to Justice Alito.

Attorneys

Bank of New York Mellon, Trustee, et al.
Michael R. SteinmarkSettle & Pou, P.C., Respondent
Jay S. Cooper
Jay Sandon Cooper — Petitioner