Jay Sandon Cooper v. Bank of New York Mellon, Trustee, et al.
ERISA DueProcess
Is Cooper's appeal taken in good faith, arguable on its merits, and therefore, not frivolous?
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