Timothy B. Brown v. U.S. Bank National Association, et al.
DueProcess
Does the Supreme Court's ruling in Arizona v. California empower a District Judge to raise the issue of res judicata sua sponte?
QUESTIONS PRESENTED I. Does the Supreme Court’s Ruling in Arizona v. California, 530 U.S. 392 (2000) empower a District Judge to Raise the issue of res judicata sua sponte in a case where the District Judge refers the Case to a Magistrate to determine if res judicata applies to the case? Il. Ifthe Supreme Court answers yes to the above question, then Does the Raising of the Issue of res judicate Violate a Pro Se Litigant’s Due Process Rights and does such action undermine the Adversary Process | of our Legal System? , 9 CERTIFICATE OF INTERESTED PERSONS DOES NOT HAVE A PARENT CORPORATION AND IS NOT A PUBLICLY HELD CORPORATION. INTERESTED PARTIES ARE AS FOLLOWS: BATTEN, SR., TIMOTHY C. -U.S. DISTRICT JUDGE BROWN, TIMOTHY B. -PETITIONER EBBS, ARTHUR A. -ATTORNEY FOR RESPONDENTS EDWARDS, CHRISTOPHER C. -MAGISTRATE JUDGE FAYETTE COUNTY, GA GORDON, STUART -ATTORNEY FOR U.S. BANK, NATIONAL ASSOCIATION 2 MCCALLA RAYMER LEIBERT PIERCE, LLC -ATTORNEYS FOR U.S. BANK, N.A. U.S. BANK, N.A. ORIGINAL LENDER -RESPONDENT VINEYARD, RUSSELL G. -U.S. MAGISTRATE JUDGE _ WELLS FARGO BANK, N.A. -ALLEGED HOLDER OF NOTE -RESPONDENT WELLS FARGO HOME MORTGAGE -SERVICER OF MORTGAGE LOAN WOMBLE BOND DICKINSON (US), LLP -ATTORNEYS FOR RESPONDENTS 3 STATEMENT REGARDING ORAL ARGUMENT Petitioner waives Oral Argument at this time. 4 .