No. 20-433

Mark Anthony Jenkins v. Timothy O'Rourke, et al.

Lower Court: Fifth Circuit
Docketed: 2020-10-05
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: child-custody-dispute civil-rights conspiracy de-novo-review due-process judicial-conspiracy res-judicata rooker-feldman-doctrine section-1983-lawsuit subject-matter-jurisdiction void-ab-initio
Key Terms:
SocialSecurity DueProcess Securities
Latest Conference: 2020-12-11 (distributed 2 times)
Question Presented (AI Summary)

Whether the federal courts erred in dismissing this 42 U.S.C. 1983 lawsuit under the Rooker-Feldman doctrine

Question Presented (OCR Extract)

QUESTIONS PRESENTED The federal district and circuit courts failed to conduct a de novo review and incorrectly denied jurisdiction to this 42 U.S.C.: sec. 1983 lawsuit. It complains of the conspiracy of a state appellate judge to protect the Department of Child and Family Services, and the ADA representing it in juvenile court, from liability for negligence or ~ fraud. The appellate judge was alerted to the trial set in juvenile court against DCFS and the payee, and he directed payee’s attorney and the juvenile court judge to pretend that the district court had already decided the issue. The judge.refused to: : rule, and the attorney presented the issue to the court of appeal on a writ application due to be filed from a unrelated district court judgment. 1. Whether the federal fifth circuit erred in not reviewing de novo this independent action and in dismissing it under the Rooker-Feldman doctrine? 2. Whether the federal courts should have found the 2015 state appellate-court ; | judgment was made without subject matter jurisdiction, and is void ab initio; and by a | _ conspiracy to prevent a stipulation in juvenile court from being considered in deciding the legal paternity issue. . ow 3. Whether the Louisiana Fifth Circuit’s 2017 affirmation of the granting of exceptions of no cause of action and res judicata and dismissal with prejudice of the petition to nullify the 2015 judgment bars this complaint from federal district court jurisdiction under the Rooker-Feldman doctrine: and whether the void ab initio exception to Rooker Feldman is necessary and proper?

Docket Entries

2020-12-14
Petition DENIED.
2020-11-24
DISTRIBUTED for Conference of 12/11/2020.
2020-11-12
Reply of petitioner Mark Anthony Jenkins filed.
2020-11-04
Waiver of right of respondent Barron Burmaster to respond filed.
2020-11-04
Brief of respondent Timothy O'Rourke in opposition filed.
2020-10-21
Waiver of right of respondent Kristyl Threadway to respond filed.
2020-10-05
Motion (20M23) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2020-09-09
MOTION (20M23) DISTRIBUTED for Conference of 9/29/2020.
2020-07-17
Motion (20M23) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2020-07-17
Petition for a writ of certiorari filed. (Response due November 4, 2020)

Attorneys

Barron Burmaster
Jacqueline B. WilsonLouisiana Department of Justice, Respondent
Kristyl Threadway
Franklin David BeahmBeahm & Green, Respondent
Mark Anthony Jenkins
Mark Anthony Jenkins — Petitioner
Timothy O'Rourke
Darren Anthony AllemandJefferson Parish District Attorney's Office, Respondent