No. 18-516

Charles G. Kinney v. Philip Gutierrez, et al.

Lower Court: Ninth Circuit
Docketed: 2018-10-19
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: bankruptcy bankruptcy-law civil-rights due-process federal-procedure free-speech judicial-discretion professional-speech retaliation section-1983 vexatious-litigant
Key Terms:
SocialSecurity DueProcess FirstAmendment Securities
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether the 3-judge panel abused its discretion in dismissing 8 of Kinney's pending appeals, which allegedly covered up acts by Justice Gutierrez and others who violated Janus and NIFLA, used new state court proceedings to circumvent bankruptcy law, imposed vexatious litigant' labels and attorney's fees/sanctions to punish Kinney's 'professional speech

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. By simultaneously dismissing 8 of Kinney’s pending appeals, did this 3 Judge panel abuse its discretion to cover-up acts by Justice Gutierrez and others who violated Janus and NIFLA by using new state court proceedings to circumvent bankruptcy law, “vexatious litigant” labels for a “listed” creditor, 100% state rulings, attorney’s fees and/or sanctions to punish an attorney (now a pro se litigant) because of his “professional speech”, so they joined forces to compel silence on “creditor” Kinney? Kinney’s speech was “professional speech” (for his client or himself) to Judges and/or others who did not adjudicate disputes, but acted as prosecutors under color of authority; and for repeat violations of bankruptcy law in favor of Chapter 7 debtor Michele Clark who listed Kinney as a creditor and of other federal law (e.g. for refusals by courts to give “honest services” and correct inconsistencies in state and federal rulings; the court’s failure to rule or withdraw; and/or Hobbs Act violations)? 2. Was this dismissal an abuse of discretion by a ; , panel acting as prosecutors under color of law? 3. Did this appeal (6 of 8) have “merit” because it challenged court rulings that violated federal law and a district court’s refusal to rule? 4. Did this 3 Judge panel abuse its discretion by ignoring Sec. 1983 federal civil rights violations and repeated violations of bankruptcy law? i

Docket Entries

2019-01-07
Petition DENIED.
2018-12-05
DISTRIBUTED for Conference of 1/4/2019.
2018-11-08
Waiver of right of respondents Honorable Roger W. Borne, et al. to respond filed.
2018-07-18
Petition for a writ of certiorari filed. (Response due November 19, 2018)

Attorneys

Charles Kinney
Charles G. Kinney — Petitioner
Honorable Roger W. Borne, et al.
Kevin M. McCormickBenton, Orr, Duval & BuckingHam, Respondent