No. 20-5401

Tim Sundy v. Friendship Pavilion Acquisition Company, LLC, et al.

Lower Court: Eleventh Circuit
Docketed: 2020-08-19
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: abstention access-to-courts civil-rights constitutional-protection due-process equal-protection federal-forum judicial-abstention pro-se-litigation standing
Key Terms:
AdministrativeLaw SocialSecurity DueProcess FirstAmendment JusticiabilityDoctri
Latest Conference: 2020-10-09
Question Presented (AI Summary)

Whether the 11th Circuit Court of Appeals erred in affirming the U.S. District Court's abstention from ruling on Sundy's independent claims despite Sundy being enjoined by a state court order from asserting those claims in state court, and the imposition of subjective and arbitrary requirements on Sundy to qualify to file papers and obtain a complete court record in both state and federal court

Question Presented (OCR Extract)

QUESTION PRESENTED 1, When the 11 Circuit U.S. Court of Appeals affirmed the U.S. District Court’s abstaining from ruling on Sundy's independent claims despite Sundy being . clearly enjoined by order of the State trial court from asserting his independent claims in the State proceeding, and with pro se Sundy required to meet subjective and arbitrary requirements to qualify in both State and Federal court to file papers with the clerk and to obtain a complete court record, did the 11 Circuit establish that the liberty of Sundy can be restrained by the State of Georgia irrespective of — Constitutional protections, while denying Sundy recourse to a federal forum as well as adequate remedy? 2. Whether the State of Georgia can put United States citizens in custody when Congress and/or the U.S. Constitution has afforded all United States citizens the * unconditional right to equal protection to be secured in their papers, including the right to have a complete record in a court proceeding regardless of whether a citizen has any case pending before an appellate court or any right to appeal? \ i a ; A list of all

Docket Entries

2020-10-13
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-15
Waiver of right of respondent Georgia Department of Transportation to respond filed.
2020-09-09
Waiver of right of respondent Friendship Pavilion Acquisition Company, LLC to respond filed.
2020-08-24
Waiver of right of respondent Nova Casualty Company to respond filed.
2020-08-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 18, 2020)

Attorneys

Friendship Pavilion Acquisition Company, LLC
Robert C. Khayat Jr.Khayat Law Firm, Respondent
Robert C. Khayat Jr.Khayat Law Firm, Respondent
Georgia Department of Transportation
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent
Nova Casualty Company
Karen E. WoodwardCruser & Mitchell, LLP, Respondent
Karen E. WoodwardCruser & Mitchell, LLP, Respondent
Tim Sundy
Tim Sundy — Petitioner
Tim Sundy — Petitioner