No. 18-5765

DeAndre Russell v. Redstone Federal Credit Union, et al.

Lower Court: Eleventh Circuit
Docketed: 2018-08-27
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 14th-amendment 5th-amendment amendment-rights bankruptcy bankruptcy-procedure civil-procedure civil-rights constitutional-violation disqualification due-process judicial-bias pro-se res-judicata
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2019-02-15 (distributed 2 times)
Question Presented (AI Summary)

Has the refusal to properly adjudicate this case by the Eleventh Circuit presented prejudice and bias against the petitioner pro se?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW o ON JANUARY 10, 2018 THE U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT DENIED PETITIONER’S REQUEST FOR EN BANC REHEARING STATING THAT; THE JUSTICES DID NOT TAKE A VOTE. THE QUESTION(S) PRESENTED FOR REVIEW ARE FOUR-FOLD: FIRST, HAS THE REFUSAL TO PROPERLY ADJUDICATE THIS CASE, WITH A FINDING OF FACTS AND A CONCLUSION OF LAW, BY. THE ELEVENTH CIRCUIT, ON (4) DIFFERENT APPEAL(S), CONCERNING THIS (2011) BANKRUPTCY, PRESENTED A ; PREJUDICE AND BIAS AGAINST PETITIONER PRO SE’? SECOND, iF THERE WAS A BIAS, WOULD THEY THEN BE DISQUALIFIED IN GRANTING OR DENYING EN BANC CONSIDERATION, OF THIS CASE? THIRD, IF SO, WOULD THESE ACTIONS HAVE VIOLATED PETITIONER PRO SE’ 1° 5™ AND 14™ AMENDMENT RIGHTS? FOURTH, WOULD THIS REQUIRE A CHANGE IN RULE 46(C). i. ON OCTOBER 3, 2017 THE U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT RULED TO DENY PETITIONER PRO SE’ (DEC. 2013) FILED LAWSUIT OF CASE NO. 1615117, ON GROUNDS OF THE (2011) CONFIRMED _. BANKRUPTCY HAVING RES JUDICATA EFFECT AND PETITIONER’S CASE DID NOT MEETING THE LEVEL OF 28§1331 ADJUDICATION, DESPITE THERE BEING. NEW FACTS AND EVIDENCE THAT WAS PRESENTED IN AN AMENDED WITH ADDITIONAL FINDINGS, RULE 52(B) OF THE FILED LAWSUIT BY PETITIONER PRO SE, THAT ; CONTAINED A DISCOVERY OF A FALSE CLAIM THAT WAS INSERTED BY STATE OFFICIALS FROM THE ALABAMA ; @ @ , . it DEPT. OF REVENUE FOR WHICH PETITIONER WAS DENIED DUE PROCESS IN THAT (2011) BANKRUPTCY, OF ; PROVING THAT HE DID NOT OWE THIS DEBT, ALONG WITH THE FACT THAT THESE NEW FACTS AND EVIDENCE WAS NOT MADE KNOWN IN ANY OF THE APPEALS FROM THE (2011) BANKRUPTCY THAT STARTED FROM THE DISTRICT COURT AND ESCALATED TO THIS U.S. SUPREME COURT, WHEREBY THE U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT HAS MADE NO MENTION OF THESE NEW FACTS AND EVIDENCE IN THEIR RULING. THE QUESTIION PRESENTED FOR REVIEW ARE THREE-FOLD; FIRST, DID THE ELEVENTH CIRCUIT GREATLY ERR IN NOT ADJUDICATING THESE FACTS, WHEN IT WAS BROUGHT TO THEIR ATTENTION? SECOND, DID THESE NEW FACTS 7 AND EVIDENCE SPOIL THE RES JUDICATA EFFECT OF THE (2011) BANKRUPTCY AND ALL APPEALS THERE AFTER, PRIOR TO THE FILING OF THE DECEMBER 31,2013 FILED LAWSUIT? AND THIRD, DID THESE ACTIONS VIOLATE PETITIONER PRO SE’ 1°, 5 AND 14™ AMENDMENT RIGHTS. . MIL. ON FEBRUARY 21, 2018, THE U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT RULED IN CASE NO. 1616943 THAT THE ADVERSARY PROCEEDING THAT PETITONER PRO SE’ FILED IN HIS (2014) BANKRUPTCY a AGAINST STATE OFFICIALS OF THE ALABAMA DEPT. OF ; REVENUE, FOR VIOLATIONS OF HIS PROPERTY RIGHTS (14™ AMENDMENT) (NON-CORE ISSUE), FOR A PATTERN OF FILING A FALSE CLAIM, IN NOW TWO SEPARATE BANKRUPTCY PROCEEDING(S), WAS PROPERLY DISMISSED BY THE BANKRUPTCY JUDGE AND THE Po DISMISSAL, BY THE BANKRUPTCY JUDGE WAS PROPERLY ‘ : tT AFFIRMED BY THE DISTRICT COURT. THE QUESTION(S) PRESENTED FOR REVIEW ARE THREE-FOLD: FIRST, DID . _ THE ELEVENTH CIRCUIT GREATLY ERR IN ITS DECISION TO AFFIRM THE DECISION BY THE DISTRICT COURT TO ALLOW A BANKRUPTCY JUDGE TO DISMISS A NONCORE CASE? SECOND, DID THE COMPLAINT FILED, BY PETITIONER PRO SE’ AGAINST STATE OFFICIAL(S) FOR FILING A FALSE CLAIM IN TWO SEPARATE BANKRUPTCY(S), MEET THE REQUIREMENTS FOR , FILING A TORT CLAIM, AGAINST STATE OFFICIALS CONTINUAL PATTERN OF IMPROPER CONDUCT, IN. FEDERAL COURT? AND THIRD, DID’ THESE ACTIONS VIOLATE PETITIONER PRO SE’ 1°, 5™ AND 147 AMENDMENT RIGHTS? IV. ON AUGUST 17, 2016, THE HON. KAREN O’ BOWDRE, CHIEF DISTRICT JUDGE STATED IN HER MEMORANDUM OPINION THAT PETITIONER DID NOT APPEAL THE DENIAL OF CONFORMATION IN THE (2014-2015) | BANKRUPTCY. SHE FURTHER STATED THAT PETITIONER ALLEGED DISTRICT COURT COMMITTED ERROR IN SEPARATE COURT, FOR WHICH SHE DID NOT HAVE JURISDICTION TO REVIEW, THE QUESTION(S) PRESENTED FOR REVIEW ARE FOUR-FOLD, FIRST, DID THE HON. KAREN O’ BOWDRE GREATLY ERR, IN STATING THAT THE DENIAL OF THE CONFIRMATION WAS NOT APPEALED WHEN THE EVIDENCE IS IRREFUTABLE THAT AN INTERLOCUTORY APPEAL WAS \ MADE AND PAID FOR, IN FULL TO THE FEDERAL

Docket Entries

2019-02-19
Rehearing DENIED.
2019-02-09
Motion to defer consideration of the petition for rehearing filed by petitioner DeAndre Russell.
2019-01-09
DISTRIBUTED for Conference of 2/15/2019.
2018-11-28
Petition for Rehearing filed.
2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-09-19
Waiver of right of respondents Anthony Ingegneri, Mark Petterson, Mark Griffin and Kelley Askew Gillikin to respond filed.
2018-08-24
Application (18A199) to file petition for a writ of certiorari in excess of page limits granted by Justice Thomas. The petition for a writ of certiorari may not exceed pages.
2018-06-09
Application (18A199) to file petition for a writ of certiorari in excess of page limits, submitted to Justice Thomas.
2018-06-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 26, 2018)

Attorneys

Anthony Ingegneri, Mark Petterson, Mark Griffin and Kelley Askew Gillikin
David E. Avery IIIState of Alabama, Department of Revenue, Respondent
David E. Avery IIIState of Alabama, Department of Revenue, Respondent
DeAndre Russell
DeAndre Russell — Petitioner
DeAndre Russell — Petitioner