No. 21-5954

David Lee Smith v. United States, et al.

Lower Court: Tenth Circuit
Docketed: 2021-10-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review civil-rights court-access due-process fifth-amendment first-amendment judicial-abuse judicial-proceedings takings
Key Terms:
DueProcess Takings
Latest Conference: 2021-12-03
Question Presented (AI Summary)

Whether the Tenth Circuit grossly abused its inherent power by imposing the sanction of appeal dismissal against appellant Hook based on its false and defamatory finding that Hook's appeal was frivolous

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW The question presented for review is whether the United States Court of Appeals for the Tenth Circuit has so far departed from the accepted and usual course of judicial proceedings, or sanctioned such a departure by United States District Judge Raymond P. Moore of the United States District Court for the i District of Colorado, as to call for an exercise of the Supreme Court’s supervisory power under Supreme Court Rule 10(a). Specifically, the Tenth Circuit grossly abused its inherent power (and its power under Fed. R. App. P. 38) by imposing the sanction of appeal dismissal against appellant Hook based on its false and defamatory finding that Hook’s appeal was frivolous. This harsh and unjustified sanction arbitrarily deprived Hook of her right to appeal and receive meaningful appellate review under 28 U.S.C. § 1291, and arbitrarily deprived Hook of her First Amendment right to access to the courts and her Fifth Amendment right to due process of law; created the appearance of extreme judicial hostility to and bias against Hook, in violation of her Fifth Amendment due process right to a fair and impartial appellate panel on appeal; damaged or destroyed Hook’s personal and professional reputations, and .unjustly opened her up to attorney disciplinary proceedings by courts and bar authorities, further chilling her First Amendment right to access to the courts and her Fifth Amendment right to due process of law; and sanctioned the unlawful judicial taking of Hook and Smith’s home and personal property and their substantial equity therein without due process of law or just compensation (i.e., fair market value at the time of taking), in violation of the Due i y? oO Process Clause and the Takings Clause of the Fifth Amendment to the Constitution of the United States.

Docket Entries

2021-12-06
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2021-11-17
DISTRIBUTED for Conference of 12/3/2021.
2021-11-12
Waiver of right of respondent United States to respond filed.
2021-10-20
Waiver of right of respondent LNV Corporation to respond filed.
2021-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 12, 2021)

Attorneys

David Lee Smith
David Lee Smith — Petitioner
LNV Corporation
Duncan E. BarberShapiro Bieging Barber Otteson, LLP, Respondent
United States
Elizabeth B. PrelogarSolicitor General, Respondent