No. 20-7848

Astarte Davis v. Joseph Wilson, Individually and in His Official Capacity as Judge, Superior Court of California, Marin County, et al.

Lower Court: Ninth Circuit
Docketed: 2021-04-26
Status: Denied
Type: IFP
IFP
Tags: 5th-amendment civil-rights color-of-law constitutional-rights due-process extrinsic-fraud individual-capacity judicial-jurisdiction non-judicial-acts official-capacity
Key Terms:
SocialSecurity DueProcess FourthAmendment Securities
Latest Conference: 2021-06-24
Question Presented (AI Summary)

Is non-judicial acts by judges and clerk in their official capacity under color of law, and in their individual capacity for non-judicial acts subject to 5th and 14th Amendments of the Constitution for denial of Due Process protection?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is non-judicial by judges and clerk in their : official capacity under color of law, and in their individual capacity for non-judicial subject to 5th and 14th Amendments of the Constitution for denial of Due Process protection? 2. Can a court/judge/clerk deny to hear a that address’ the violations of the 5th and 14th Amendments Due Process rights; which voids a case? 3. Can a court/judge deny or fails its duty to address or hear a on a issued outside Jurisdiction in a manner that violates the 5th and 14th Amendments of Due Process protection? 4. Did not each judge have a duty under due process to invalidate a grant deed created by extrinsic fraud under color of law and breach of fiduciary duty; to obtain personal benefits at the expense of the principal and return the properties to the rightful owner? 5. Did the courts/judges error in unenforceable cases shown below when they failed their duties to annul/void the in those cases? 6. Can a Clerk of the appellate court order a stay on appeal; thereby denying a to set aside/vacate/annul void cases in violation of the 5th and 14th Amendments Due Process protection under U.S. Code 42 USC §1983.,under FRAP Rule 4 Right of Appeal, and Rule 4(B) United States officer or employee » which are being sued in their official capacity? 7. Can a court/judge deny to hear a to set aside/ vacate/annul void cases that were granted in violation of the Sth and 14th Amendments of the state and federal constitutions due process protection under FRAP 60(b)(4) which has no statute of limitations on filing a complaint based upon extrinsic fraud or fraud upon the court in a criminal conspiracy; and all that follows? 8. Can a Appeal Court continue to support a void case or a grant deed created by extrinsic fraud in breach of fiduciary duties, that which would continues the harm/causation to Astarte; the Ninth Circuit Court of Appeals did by dismissing the case without appeal? 9. Is not a void on its face under denial of protected fundamental constitutional due process rights to be heard at trial with extrinsic fraud upon the court? 10. Is not void unenforceable under law from the date and time of its filings; and all the follows? " 4 ¥ « F 11. Did the court/judges error when they ignored, suppressed, and excluded uncontradicted direct evidence from the trial minutes in a manner that violated the Sth and 14th Amendments of Due Process protection under color of law? 12. Did the court/judges/clerk error when it used known untrue statements contrary to law or direct facts of the case in its judgments/orders that violated the 5th and 14th Amendments of Due Process protection? 13. Whether this magistrate judge had jurisdiction is reviewed de novo; is not the causes before this Court on petition for certiorari to review the judgments /orders and decisions of the courts below, on the grounds that they are in direct conflict with a decisions of other courts for non-judicial acts and void cases? 14. Is not an Order/Judgment unenforceable on its face when the document is unsigned? 15. Did not the courts/judges /clerk deny itself jurisdiction by not strictly adhering to the statues, state and federal constitutional rights, thereby implicating conspiracy; and legalized thief by extrinsic fraud; denial of due process; and more. Why did not these officials just do their jobs under the law? Which can be reversed by this : Court?

Docket Entries

2021-06-28
Petition DENIED.
2021-06-09
DISTRIBUTED for Conference of 6/24/2021.
2021-03-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2021)

Attorneys

Astarte Davis
Astarte Davis — Petitioner