No. 19-8408

Stanley West McPherson v. Tompkins Trust Company, et al.

Lower Court: Second Circuit
Docketed: 2020-05-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure due-process federal-rules-of-civil-procedure judicial-error motion-to-dismiss pretrial-procedures procedural-rules scheduling-conference standing summary-judgment
Key Terms:
DueProcess
Latest Conference: 2020-06-25
Question Presented (AI Summary)

Whether the United States Magistrate Judge David E. Peebles erred and violated in failure and refuse to give petitioner a scheduled conference

Question Presented (from Petition)

QUESTION(S) PRESENTED 1, Whether the United States Magistrate Judge David E. Peebles, error and violated in failure and refuse to give petitioner a schedule conference that was scheduled by the order of the court and procedure, Federal Rule of Civil Procedure 16(a) and 16(b). 2. Whether the United States Magistrate Judge David E. Peebles, error in Prejudice against petitioner in not making a ruling on two default motions against the Tompkins Trust Company bank, for being in default four months and seven months. Federal Rule of Civil Procedure 55(a). 3. Whether the United States District Judge Thomas J. McAvoy, error in bypassing all of the ; pretrial procedures and converting a motion to dismiss for the respondents to a summary judgment against petitioner, in violation of Federal Rule of Civil Procedure 56. Petitioner was deprive a just, speedy, inexpensive resolution of disputes, a day in court. 4. Whether the United States Court of Appeals for The Second Circuit error in deprvinig : petitioner claim in deciding incorrectly the errors of the lower district court in violating pretrial procedures. : ; (i) ; :

Docket Entries

2020-06-29
Petition DENIED.
2020-06-10
DISTRIBUTED for Conference of 6/25/2020.
2020-05-15
Waiver of right of respondent Tompkins Trust Company to respond filed.
2020-05-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 8, 2020)

Attorneys

Stanley W. McPherson
Stanley West McPherson — Petitioner
Stanley West McPherson — Petitioner
Tompkins Trust Company
Thomas P. SmithHarris Beach PLLC, Respondent
Thomas P. SmithHarris Beach PLLC, Respondent