No. 20-6507

Darrell Berry, et ux. v. Wells Fargo Bank, N.A., et al.

Lower Court: Fifth Circuit
Docketed: 2020-12-02
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 5th-amendment civil-rights constitutional-rights due-process federal-court federal-jurisdiction fifth-amendment foreclosure rooker-feldman-doctrine state-court
Latest Conference: 2021-04-01 (distributed 2 times)
Question Presented (from Petition)

Question 1 - Whether the Berrys ' Fifth Amendment Rights to Due Process were
Violated.

Question 2 ■ Whether the federal court should have remanded under the Rooker-
Feldman Doctrine, because taking foreclosure issues from state to federal court
deprives the State of the opportunity to apply and further refine their common law
in these areas of quintessential state interest.

Question 3 - Whether Middle District Court violated 28 U.S. Code §636 and Rule 73
by issuing an order/assigning this case to a United States Magistrate Judge
(USMJ).

Question 4 - Whether the Order to Dismiss with Prejudice the Petitioners ' case is an
Absolute Nullity according to LA CC Art 2033, and 2030.

Question 5 - Whether the Court made an error in its ruling to Dismiss with
Prejudice Petitioners ' claims in light of Fraud Rule 60 b3.

Question 6 - Whether the Berrys ' Constitutional rights were violated. Wrongful
seizure, under Louisiana law, conversion, and due process violations under federal
law 42 U.S.C. 1983.

Question 7 - Whether the purported refinance note/ Mortgage is non-negotiable
under UCC 9 Article 203b and also doctrine of ultra vires

Question 8 - Whether any Respondents have a legitimate interest in the note and
mortgage. Whether the Promissory Note from Freddie Mac 3113 was properly
securitized and assigned into Trust or MERS?

Question 9 - Whether the Court ruled in err based on subject matter jurisdiction,
in light of 28 USC §1447 and 1441, and Doctrine of Abstention

Question 10 - Whether The federal court lacks jurisdiction under Article III of the
Constitution over the present state-filed, wrongful foreclosure lawsuit.

Question Presented (AI Summary)

Whether the Berrys' Fifth Amendment Rights to Due Process were Violated

Docket Entries

2021-04-05
Petition DENIED.
2021-03-17
DISTRIBUTED for Conference of 4/1/2021.
2021-03-09
Petitioners complied with order of February 22, 2021.
2021-02-22
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until March 15, 2021, within which to pay the docketing fee required by Rule 38(a).
2021-01-14
DISTRIBUTED for Conference of 2/19/2021.
2021-01-05
Waiver of right of respondent Wells Fargo Bank, N.A. to respond filed.
2020-12-31
Waiver of right of respondents Federal Home Loan Mortgage Coporation, et al. to respond filed.
2020-09-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 4, 2021)

Attorneys

Darrell Berry, et ux.
Darrell Berry — Petitioner
Federal Home Loan Mortgage Coporation, et al.
Lindsey Meador YoungGalloway Johnson Tompkins Burr & Smith, Respondent
Wells Fargo Bank, N.A.
Christopher D MeyerBurr & Forman LLP, Respondent