No. 19-7073

Anthony Thomas v. Kenmark Ventures, LLC

Lower Court: Ninth Circuit
Docketed: 2019-12-27
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appellate-procedure bankruptcy-law civil-procedure due-process fraud fraud-on-the-court judicial-bias judicial-fraud mandate mandate-recall supreme-court-precedent void-judgment
Key Terms:
DueProcess
Latest Conference: 2020-04-17 (distributed 2 times)
Question Presented (AI Summary)

Did the Ninth Circuit commit error by failing to recall the mandate based upon this Court's intervening decision in Lamar, Archer & Cotrin. LLP v. Appling, 138 S.Ct.1752 (2018)

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Did the Ninth Circuit commit error by failing to recall the mandate based upon this Court’s intervening decision in Lamar, Archer & Cotrin. LLP v. Appling, 138 S.Ct.1752 (2018)(“Lamar’)? 2. Did the Ninth Circuit shirk its’ responsibility to consider the new evidence in the form of the Machado declaration submitted on February 12, 2018, under the principle in Hazel-Atlas Glass Co. v Harttord-Empire Co., 322 U.S. 288 requiring appellate Courts to take action when confronted with Fraud upon the Court? 3. Does new evidence in the form of judicial admissions by the judge of . bias render the findings of the Bankruptcy Court void on its face due to judicial bias? 4. When an inspection of the judicial roll shows that the judgment is void on its face, does an appellate court have the jurisdiction to declare the judgment void on its face? . 5. Is the conversion order converting the Debtor’s case from Chapter 11 to Chapter 7 a void order based on a deprivation of due process under Powell v. Alabama, 287 U.S. 45 (1932)? . PARTIES All parties to this Petition appear in the caption of the case on the cover page. However, all of the

Docket Entries

2020-04-20
Petition DENIED.
2020-03-26
DISTRIBUTED for Conference of 4/17/2020.
2020-03-19
Petitioner complied with order of March 2, 2020.
2020-03-02
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until March 23, 2020, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2020-02-13
DISTRIBUTED for Conference of 2/28/2020.
2020-01-31
Waiver of right of respondent Kenmark Ventures, LLC to respond filed.
2020-01-27
Brief of respondent Wendi Thomas in support filed.
2019-03-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 27, 2020)
2019-01-08
Application (18A701) granted by Justice Kagan extending the time to file until March 16, 2019.
2019-01-03
Application (18A701) to extend the time to file a petition for a writ of certiorari from January 15, 2019 to March 16, 2019, submitted to Justice Kagan.

Attorneys

Anthony Thomas
Anthony Thomas — Petitioner
Anthony Thomas — Petitioner
Kenmark Ventures, LLC
David I. Kornbluh, Esq.Ventura Hersey & Muller, LLP, Respondent
David I. Kornbluh, Esq.Ventura Hersey & Muller, LLP, Respondent
Wendi Thomas
Gerald D. W. North — Respondent
Gerald D. W. North — Respondent