No. 19-226

Noel L. Smith v. Diane Smith Carusos

Lower Court: Second Circuit
Docketed: 2019-08-20
Status: Denied
Type: Paid
Tags: abuse-of-discretion appellate-review civil-procedure civil-procedure-jurisdiction due-process judicial-procedure legal-ethics procedural-due-process remand remand-order removal standing subject-matter-jurisdiction
Key Terms:
DueProcess Jurisdiction
Latest Conference: 2019-10-18
Question Presented (AI Summary)

Does a U.S. District Court have subject-matter jurisdiction to grant a motion that admittedly has never been served?

Question Presented (OCR Extract)

QUESTIONS PRESENTED : e 1. Does a U.S. District Court have subject-matter : jurisdiction to grant a motion that admittedly has never been served? 2. Does a U.S. Court of Appeals have subjectmatter jurisdiction to grant an order without any rational ground or explanation? 3. Does a U.S.D.C. have subject-matter jurisdiction to order that the proceeding be transferred to a state court after having determined that it should be to another federal court? 4. Can a U.S.D.C. issue sua sponte a (remand) order after about 6 months have passed following the : : service of Notice of Removal in egregious violation of 28 U.S. Code § 1447(c) imposing the deadline of 30 ; \ days only? 5. Can a U.S.D.C. fake on its order that there was ; a motion, while admittedly no motion had been served, * hence existed, and grant it without any rational explanation, and call it a Remand Order to evade the appellate control of the U.S.C.A. under 28 U.S. Code § 1446(a)? 6. Can a U.S.D.C. cheat on litigants by intentionally making conclusory or false findings of fact to reach unjust conclusions of law, and as such escape appellate control by higher courts being generally limited to correct application of legal principles? ; 7. Can the U.S.D.C. and/or the USCA2 use King Henry VIII’s Judicial Organized Crime method to commit felonies or injustice by FAKE orders under color of law?

Docket Entries

2019-10-21
Petition DENIED.
2019-10-02
DISTRIBUTED for Conference of 10/18/2019.
2019-04-11
Petition for a writ of certiorari filed. (Response due September 19, 2019)

Attorneys

Noel L. Smith
Noel L. Smith — Petitioner
Noel L. Smith — Petitioner