No. 21-5357

Sandra Harmon v. Department of Finance, Sussex County, Delaware, et al.

Lower Court: Third Circuit
Docketed: 2021-08-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-closure appellate-jurisdiction civil-procedure district-court-order due-process final-order judicial-misconduct jurisdiction notice-of-appeal third-circuit-court
Latest Conference: 2021-09-27
Question Presented (from Petition)

WHETHER THE THIRD CIRCUIT COURT CAN CREATE A REASON UNSUPPORTED BY THE DISTRICT COURT JUDGE THAT THE DOCKET WAS MISTAKENLY MARKED CLOSED AND RULE ADMINISTRATIVE CLOSURE FOR THE PURPOSE OF DISREGARDING PETITIONER-APPELLATE TIMELY FILED NOTICE OF APPEAL, WHEN THE DISTRICT COURT NEVER ISSUED A RULING NOR NOTICE TO THE PARTIES THAT THE CASE WAS MISTAKENLY CLOSED OR AN ADMINISTRATIVE ERROR OCCURRED- THERE WAS NO EXPLANATION OF THE ALLEGED ERROR- ONLY NOTICE ON THE DOCKET THAT OPPOSING COUNSEL FILED A MOTION FEB. 16, 2021 AND WANTED THE COURT TO REOPEN CASE FOR OPPOSING TOTSIFT,'S PERSONALADVANTAGE?

WHETHER THE THIRD CIRCUIT COURT CAN REFUSE JURISDICTION OVER A FINAL DECISION OF A DISTRICT COURT ORDER WHOSE PRACTICAL CONSEQUENCE OF THE ORDER EFFECTIVELY TERMINATED THE CASE AND PUT ME THE APPELLANT OUT OF COURT?

WHETHER JUDGES WITHWHOM JUDICIAL MISCONDUCT COMPLAINTS HAVE BEEN LEVIED AGAINST AND REMAIN PENDING BY THE JUDICIAL COUNCIL, BY THE PETITIONER/ APPELLANT IN A RELATED CASE, FOR PRIOR UNETHICAL AND PARTIAL CONDUCT THAT VIOLATES THE CANON'S OF JUDICIAL ETHICS BY THE PANEL OF JUDGES BE ALLOWED TO MAKE A RULING IN THIS CASE FOR WHICH OBJECTIVITY WAS ABSENT AND DISREGARDED?

Question Presented (AI Summary)

Whether the Third Circuit Court can create a reason unsupported by the District Court Judge that the docket was mistakenly marked closed and rule administrative closure for the purpose of disregarding timely filed notice of appeal

Docket Entries

2021-10-04
Petition DENIED.
2021-09-09
DISTRIBUTED for Conference of 9/27/2021.
2021-09-08
Waiver of right of respondent Department of Finance, Sussex Co. Delaware, Jason Adkins, Dale Callaway, Ellen Magee, J. Bruce Mears, John Mills, E. Brent Workman to respond filed.
2021-07-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 13, 2021)

Attorneys

Department of Finance, Sussex Co. Delaware, Jason Adkins, Dale Callaway, Ellen Magee, J. Bruce Mears, John Mills, E. Brent Workman
Walter F. Kawalec IIIMarshall, Dennehey, et al., Respondent
Sandra Harmon
Sandra Harmon — Petitioner