No. 19-5109

Wayne English v. Roadhouse Holding Inc., et al.

Lower Court: Third Circuit
Docketed: 2019-07-09
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appeal bankruptcy bankruptcy-procedure constitutional-rights due-process equal-protection federal-rules-of-bankruptcy-procedure first-amendment-rights mail-delivery notice notice-of-appeal usps
Key Terms:
DueProcess
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (AI Summary)

Whether the actions of the Bankruptcy Court in intercepting and redirecting only USPS mail delivery prevents litigants from the timely filing of their notice of appeal within the 14 day window allowed under Federal Rules of Bankruptcy Procedure 8002(a)(1)

Question Presented (OCR Extract)

QUESTIONS PRESENTED Thousands of individuals, both debtors and creditors, are having their due process rights violated by the Delaware Bankruptcy Court. The Court, without notice, public disclosure, or declaration, does not allow the United States Postal Service (“USPS”), to deliver first class mail directly to the court’s physical address. Rather, the Delaware Bankruptcy Court intercepts all first class mail, stops physical delivery of the mail, and redirects the mail to the court’s “corporate mail receptacle” for eventual pickup and delivery by the court’s courier service. All USPS first class mailings experience substantial and significant delays in the timely filing of court documents. Other third party mail carriers, including both FedEx and UPS, do not have their mail intercepted or redirected and experience no : such delays in the filing of court documents. ‘The questions presented are: 1, Whether the actions of the Bankruptcy Court in intercepting and redirecting only USPS mail delivery prevents litigants from the timely filing of their notice of appeal within the 14 day window allowed under Federal Rules of Bankruptcy Procedure 8002(a)(1). 2. Whether the Bankruptcy Court's policy that allows delivery of mail by FedEx and UPS to the Bankruptcy Court’s physical address while preventing physical delivery of the mail by the United States Postal ; Service violates the Constitution’s Fifth Amendment for due process. 3. Whether the Bankruptcy Clerk’s late docketing of a party’s notice of appeal met the requirements of due process in restricting and intercepting delivery of only first class USPS mail without notice, public disclosure, or declaration, while not restricting or delaying the delivery of the mail from FedEx, UPS, or any other third party mail carriers. 2

Docket Entries

2020-01-13
Rehearing DENIED.
2019-12-04
DISTRIBUTED for Conference of 1/10/2020.
2019-11-01
Petition for Rehearing filed.
2019-10-07
Petition DENIED.
2019-07-25
DISTRIBUTED for Conference of 10/1/2019.
2019-07-18
Waiver of right of respondents Roadhouse Holding Inc., et al. to respond filed.
2019-07-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 8, 2019)

Attorneys

Roadhouse Holding Inc., et al.
Allison Spencer MielkeYoung Conaway Stargatt & Taylor, Respondent
Allison Spencer MielkeYoung Conaway Stargatt & Taylor, Respondent
Wayne English
Wayne English — Petitioner
Wayne English — Petitioner