No. 19-7921

Floyd Dewaine Scott v. Superior Court of California, Monterey County

Lower Court: Ninth Circuit
Docketed: 2020-03-10
Status: Denied
Type: IFP
IFP
Tags: access-to-courts civil-rights court-access due-process evidentiary-hearing habeas-corpus judicial-bias recusal vexatious-litigant void-judgment
Key Terms:
DueProcess
Latest Conference: 2020-05-15
Question Presented (AI Summary)

Is it contrary to clearly established laws for an attorney to knowingly use court cases that were never filed or commenced, or maintained to use as exhibits to declare a plaintiff as a vexatious litigant?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1] Is it contrary to clearly established laws for an Attorney to knowingly use Court Cases that were never Filed or Commenced, or Maintained to use as exhibits to Declare a Plaintiff as a Vexatious Litigant? 2] Did the California State Superior Court, County of Monterey violate Petitioner's Due Process Rights when the Monterey Court denied the Petitioner a Stay of Proceedings while Petitioner was Out To Court(OTC) on a Federal Granted Writ of Habeas Corpus? 3] Did the Monterey Court violate clearly established laws when the Court Granted the Defendants Motion to Declare the Petitioner as a Vexatious Litigant when the Cases used where never Commenced, or Maintained or Filed? 4] Is it contrary to clearly established laws when the Monterey Superior Court,The Sixth Appellant Court of Appeals, and the California Supreme Court denied correcting a Void Judgment without an Evidentiary Hearing? 5] Is it contrary to clearly established laws when the Attorney in Scott v.Fitter 14K05099 knowingly used cases that where never Commenced, or Maintained,or Filed to have the Petitioner placed on the Vexatious Litigant List in 2016? 6] Did the California State Superior Court-Los Angeles County violate the Petitioners Due Process Rights when the.Court Granted Defendants Motion to have the Petitioner Declared as a Vexatious Litigant from the 2008 Monterey Courts Findings without an Evidentiary Hearing? 7] Did the Petitioners Rights to Access to the Courts get violated when the Monterey Superior Court and the Los Angeles Superior Court Declared the Petitioner to be a Vexatious Litigant against clearly established laws without an Evidentiary Hearing? 8] Did the Monterey Superior Court Judge Robert A. O'Farrell violate the Petitioners Due Process Rights when on December 12, 2005 Judge Robert A. O'Farrell was Recused from this action for Bias, Then on July 23,2008 in an Judgment Order made a Ruling in favor of the Defendants while still Disqualified to make any Ruling? : 9] Did the Defendants Attorney Judith J.Loach California State Bar number 162030 violate the Petitioners Due Process and Meaningful Access to the Courts when on October 25,2007, She in a Motion to have the Petitioner Declared as a Vexatious Litigant Address the Motion to Judge Robert A.O'Farrell a Disqualified Judge? 10] Did the United States Court of Appeals for the Ninth Circuit violate the Petitioners Due Process when it Decided this action on the Petitioners Writ of Mandate without an Evidentiary Hearing?

Docket Entries

2020-08-24
Rehearing DENIED.
2020-07-30
DISTRIBUTED.
2020-06-01
Petition for Rehearing filed.
2020-05-18
Petition DENIED.
2020-04-23
DISTRIBUTED for Conference of 5/15/2020.
2020-02-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 9, 2020)

Attorneys

Floyd Dewaine Scott
Floyd Dewaine Scott — Petitioner