No. 18-9170

Cynthia Ortiz v. Charles Perry, et al.

Lower Court: Tenth Circuit
Docketed: 2019-05-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-1292 abuse-of-discretion ambiguity appellate-jurisdiction civil-procedure district-court injunctive-relief interlocutory-appeal jurisdictional-dispute objections transfer venue-transfer
Key Terms:
DueProcess FourthAmendment
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether the Tenth Circuit has jurisdiction to consider for Interlocutory Appeal, under 28 U.S.C. § 1292 (a)(1) and (b), denial of Injunctive Relief

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1) Whether the Tenth Circuit has jurisdiction to consider for Interlocutory Appeal, under 28 U.S.C. § 1292 (a) (1) and (b), denial of Injunctive Relief, to correct errors of the Court in providing “an immediate appeal from the Order”, in the case of a transfer from the US District Court, Northern District of Oklahoma to the US District Court, Northern District of Texas even when the District Judge refuses to certify his or her order? 2) Whether or not the District Court and Appellate Court committed a clear error in the law and abused its discretion in ordering the transfer from the Northern District of Oklahoma to the Northern District of : Texas? ) 3) Whether a transfer is valid when parties are not allowed time to file objections and Writs? 4) Whether or not a valid transfer is ratified occurs by a mere transfer of the record resulting in a change of jurisdiction in appellate courts.? ; 5) Which Appellate Court, under 28 USC §1294, the Fifth Circuit or the Tenth Circuit, have jurisdiction to hear the appeal on the matter of the transfer, for interlocutory review due to the denied injunctive order? Both denied having jurisdiction over the matter. This Court’s review is needed to address ambiguity on appellate court jurisdiction on interlocutory appeals pertaining to transfers and settle the jurisdictional disagreement between appellate Courts in this case on the matter being appealed which is the transfer?

Docket Entries

2019-10-07
Petition DENIED.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-05-21
Waiver of right of respondent Charles Perry to respond filed.
2019-05-20
Waiver of right of respondent David Roberson to respond filed.
2019-05-16
Waiver of right of respondent Josh Burson to respond filed.
2019-05-16
Waiver of right of respondent Matthew Powell to respond filed.
2019-04-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 7, 2019)

Attorneys

Charles Perry
Mark A. WarmanFranden, Farris, Quillin, Goodnight & Roberts, Respondent
Mark A. WarmanFranden, Farris, Quillin, Goodnight & Roberts, Respondent
Cynthia Ortiz
Cynthia Ortiz — Petitioner
Cynthia Ortiz — Petitioner
David Roberson
Jim McGoughWelsh & McGough, Respondent
Jim McGoughWelsh & McGough, Respondent
Josh Burson
Seth Byron DennisTexas Attorney General, Respondent
Seth Byron DennisTexas Attorney General, Respondent
Matthew Powell
William S. HelfandLewis, Brisbois, Bisgaard & Smith, Respondent
William S. HelfandLewis, Brisbois, Bisgaard & Smith, Respondent