No. 21-7805

William Paul Burch v. Select Portfolio Servicing, Incorporated

Lower Court: Fifth Circuit
Docketed: 2022-05-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights due-process fifth-amendment first-amendment free-speech frivolous-dismissal in-forma-pauperis pro-se-litigant removal sanctions
Key Terms:
DueProcess Securities JusticiabilityDoctri
Latest Conference: 2022-06-02
Question Presented (AI Summary)

What is the complete legal definition of frivolous?

Question Presented (OCR Extract)

questions presented are: 1. The legal definition of frivolous is incomplete. What should the complete legal definition of frivolous be? 2. On an appeal to the circuit court regarding a motion to proceed in forma pauperis, if the appellant gets a small increase in income as compensation for a Vietnam War era injury and the appellant seeks to remand the case to the district court and pay the filing fee, is that justification for the circuit court to dismiss the case as frivolous? iii ‘ 3. If a state trial court accepts an affidavit of pauper status, should the federal court continue to honor it after the defendant removes the case to federal court or, if denied on appeal, should the circuit court remand the case with instructions to pay the filing fee? 4 ‘Did the actions of the Fifth Circuit and the District Court interfere with Burch’s right to free speech under the First Amendment and Due Process , under the Fifth Amendment and Texas Constitution Article 1 Sections 13 and 19 by not allowing Burch to have a hearing on the merits despite qualifying for IFP under the Texas Constitution and offering to pay the filing fee due to an increase in income from injuries during the Vietnam War? IV

Docket Entries

2022-08-22
Rehearing DENIED.
2022-07-28
DISTRIBUTED.
2022-06-30
Petition for Rehearing filed.
2022-06-06
Petition DENIED.
2022-05-18
DISTRIBUTED for Conference of 6/2/2022.
2022-05-13
Waiver of right of respondent Select Portfolio Servicing, Incorporated to respond filed.
2022-05-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 8, 2022)

Attorneys

Select Portfolio Servicing, Incorporated
Thomas F. LooseLocke Lord LLP, Respondent
William Paul Burch
William Paul Burch — Petitioner