No. 18-8903

Owen W. Barnaby v. Bret Witkowski, et al.

Lower Court: Sixth Circuit
Docketed: 2019-04-18
Status: Denied
Type: IFP
IFP
Tags: civil-rights collateral-estoppel constitutional-rights due-process equal-protection federal-procedure fourteenth-amendment fraud law-of-the-case res-judicata
Latest Conference: 2019-06-20
Question Presented (from Petition)

Should Res judicata and Collateral, Estoppel Doctrines be able to
Barr an Independent or an Original Action in Federal Court when;
the Defendants Wittingly employed fraudulent tactics in the State
Court proceedings to procure state court judgment, which defrauded
and deprived Plaintiff of his constitutional due process rights
granted him by the Fourteen Amendment Section I?

Should Res judicata and Collateral, Estoppel Doctrines be able to
Barr an Original Federal Complaint when the State Court
Determined that; both the Claim and the issues were not fully
litigated in the state Court and Referred Petitioner to other Court to
have the matter to be fully litigated?

What is the proper application of when a case is fully litigated in Federal Court prior to remand?

Should Defendants Opposition Brief being wittingly unsigned be
able to Triumph over Plaintiff's signed Brief, per Fed R. Civ. P.
11(a)?

Question Presented (AI Summary)

Whether res judicata and collateral estoppel doctrines should bar an independent or original action in federal court when the defendants employed fraudulent tactics in state court proceedings to procure a state court judgment, depriving the plaintiff of due process rights

Docket Entries

2019-06-24
Petition DENIED.
2019-06-05
DISTRIBUTED for Conference of 6/20/2019.
2019-04-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 20, 2019)

Attorneys

Owen W. Barnaby
Owen W. Barnaby — Petitioner