No. 19-8556

Kehinde Adeyemi Elebute v. Village Capital and Investment, LLC

Lower Court: Fifth Circuit
Docketed: 2020-05-28
Status: Denied
Type: IFP
IFP
Tags: bankruptcy-procedure civil-procedure due-process federal-courts judgment-entry judgments judicial-succession motion-reconsideration procedural-timeline recusal rule-60b standing
Latest Conference: 2020-09-29
Question Presented (from Petition)

1. Whether a successor to a judge that retired may refuse to consider a Rule 60(b)(1) motion on the grounds that he does not reconsider orders entered by a prior judge.

2. Whether a Rule 60(b)(1) petition may be filed within a year after the judgment is entered, as stated in the rule, or within 14 days as stated by the judge before whom the motion for reconsideration was made.

3. Whether the judgment below should be summarily reversed due to its clear conflict with settled rules of law.

4. Whether the underlying action was a non-core proceeding, thus precluding the bankruptcy judge from entering a final determination, and requiring her to submit findings of fact and conclusions of law to the district court for entry of judgment.

Question Presented (AI Summary)

Whether a successor to a judge that retired may refuse to consider a Rule 60(b)(1) motion on the grounds that he does not reconsider orders entered by a prior judge

Docket Entries

2020-10-05
Petition DENIED.
2020-07-09
DISTRIBUTED for Conference of 9/29/2020.
2020-05-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 29, 2020)

Attorneys

Kehinde Adeyemi Elebute
Kehinde Adeyemi Elebute — Petitioner