No. 19-5939

Frank R. Montero v. Tulsa Airport Improvements Trust

Lower Court: Tenth Circuit
Docketed: 2019-09-13
Status: Denied
Type: IFP
IFP
Tags: attorney-fees civil-rights due-process federal-due-process federal-question-jurisdiction standing summary-judgment tenth-circuit-court title-28-usc-1443 writ-of-mandamus
Key Terms:
DueProcess
Latest Conference: 2019-11-08
Question Presented (AI Summary)

When the Supreme Court of the State of Oklahoma states in a 'Writ of Mandamus' that a State District Judge violated 'Federal Due Process' did it raise 'Federal Question Jurisdiction' that then became the jurisdiction of the United States Federal Court?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. When the Supreme Court of the State of Oklahoma, states in a “Writ of Mandamus” that a State District Judge violated “Federal Due Process” did it raise “Federal Question Jurisdiction” that then became, the jurisdiction of the United States Federal Court? “Especially after the Judge then awarded attorney fees”. Pursuant to; “Title 28 U.S. Code § 1443” [Plaintiff alleged a Constitutional violation]! 2. Did the United States Court of Appeals for the Tenth Circuit in petitioner’s appeal : have a judicial obligation to make a ruling on the appellant’s timely filed “Motion For Summary Judgment” that went unanswered by the defendant? “Which was the very issue and merit of appellant’s appeal”! “Violation of LCvR7.1(g) “Motions” 3. Was Federal Jurisdiction established by the United States Court of Appeals in its’ approximate (10) ten “Orders” that were previously handed down to the Federal District Court, over a period of more than one year? Case is Civil Rights Violation! 4. Did the United States Court of Appeals for the Tenth Circuit, abuse its discretion by remanding this case back to the same State Court judge that denied this petitioner his Federal Due Process of Law, made evident by a “Writ of Mandamus”? 5. Did the United States Court of Appeals for the Tenth Circuit deny Due Process of Law, by denying a “Re-Hearing” and by entering a ruling on appellants’ appeal, before even reviewing appellant’s “Final Optional Brief” that clearly established the existence of “Federal Question Jurisdiction”? Title 28 U.S. Code § 1443, accordingly! The local and national importance as to why the Supreme Court should decide this case directly involves the citizens “Health, Safety and Public Welfare” on federally funded airports.

Docket Entries

2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-10
Brief of respondent Tulsa Airports Improvement Trust in opposition filed.
2019-08-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 15, 2019)

Attorneys

Frank R. Montero
Frank R. Montero — Petitioner
Frank R. Montero — Petitioner
TULSA AIRPORTS IMPROVEMENT TRUST
Jon E. BrightmireDoerner, Saunders, et al., Respondent
Jon E. BrightmireDoerner, Saunders, et al., Respondent