No. 19-6112

In Re Larry Pouncy

Lower Court: N/A
Docketed: 2019-10-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: all-writs-act appellate-review breach-of-fiduciary-duty civil-rights due-process fiduciary-duty fraud intentional-infliction-of-emotional-distress legal-malpractice mandamus-remedy pro-se-plaintiff rooker-feldman-doctrine stay-on-state-judgment writ-of-mandamus
Key Terms:
DueProcess Jurisdiction
Latest Conference: 2019-12-06
Question Presented (AI Summary)

Whether the district court erred in dismissing the petitioner's state law claims against the defendants for legal malpractice, breach of fiduciary duty, fraud, and intentional infliction of emotional distress

Question Presented (OCR Extract)

ISSUE PRESENTED I. AN WRIT OF MANDAMUS CAN RECTIFY AN ERRONEOUS , : APPELLATE REVIEW DE NOVO, ON THE GROUND, THE ACT OF CONGRESS WITH THE ALL WRIT ACT 28 U.S.C. § 1651 IN-AID OF JURISDICTION & STAY ON A STATE JUDGMENT, PURSUANT TO 28 U.S.C. § 2283 IS A OU. THE LEGAL STANDARD WILL EVADE APPELLATE REVIEW AND HARM PLAINTIFF-PRO SE PARTIES ABSENT a. Pouncy Can Obtain Jurisdiction To The District Court Pursuant To The All Writ Act Pursuant To 28 U.S.C. § 1651, With State . : Claims Of Legal Malpractice, Breach Of Fiduciary Duty, Fraud Pursuant To N.Y. Ct. Judicial Law § 487 And Intentional Infliction Of Emotional Distress To Rectify The Errors Defendants : . Committed While Representing Petitioner At The Underlying Trial And The District Court Entered An Erroneous Judgment Against Petitioner When The Jury Rendered A Defective Verdict With Inconsistencies Of The Trial 2 b. Petitioner Can Obtain An Injunction For A Stay On The State Court From Entering a State Judgment Against Petitioner Pursuant To I. |THE COURTS BELOW DEPRIVED PETITIONER HIS FUNDAMENTAL RIGHT TO SEEK RELIEF AGAINST DEFENDANTS WHEN THE COURTS BELOW ABRIDGED PETITIONER’S COMPLAINT WHEN COURTS ERRONEOUSLY SUA SPONTE A REVERSAL MOTION WITHOUT EVIDENCE ii) IV. THE DISTRICT COURT’S ORDER IS CLEARLY ERRONEOUS AS A MATTER OF LAW LEGAL STANDARD ROOKER-FELDMAN . V. | MANDAMUS POWER IS WARRANT BECAUSE THE UNITED STATES COURT OF APPEALS FOR THE ; SECOND CIRCUIT OPINION CONFLICTS WITH THIS COURT’S DECISIONS IN DENTON, COPPLEDGE, NEITZKE, AND WITH ITS OWN CIRCUIT OPINIONS IN VOSSBRINK, YONKERS, NEW YORK TELEPHONE, AMALFITANO V. ROSENBERG, 533 F.3d 117 AND FEDERAL CASE [DOCKET NO. 06-2364-CV] AND WYLY V. WEISS, 697 F3D 131 (2D CIR.

Docket Entries

2019-12-09
Petition DENIED.
2019-11-14
DISTRIBUTED for Conference of 12/6/2019.
2019-10-23
Waiver of right of respondents Jason L. Solotaroff, Esq.; Darnley Stewart, Esq.; and Giskan, Solotaroff, Anderson and Steward, LLP to respond filed.
2019-06-11
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due October 31, 2019)

Attorneys

Jason L. Solotaroff, Esq.; Darnley Stewart, Esq.; and Giskan, Solotaroff, Anderson and Steward, LLP
Ian Marc HermanWilson Elser Moskowitz Edelman & Dicker, LLP, Respondent
Ian Marc HermanWilson Elser Moskowitz Edelman & Dicker, LLP, Respondent
Larry Pouncy
Larry Pouncy — Petitioner
Larry Pouncy — Petitioner