No. 21-7941

Linda A. Petralia v. American Express National Bank

Lower Court: New Hampshire
Docketed: 2022-05-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-rights constitutional-rights court-jurisdiction due-process judicial-discretion res-judicata rule-of-law state-court-jurisdiction summary-judgment
Key Terms:
DueProcess
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether the state court abused discretion and violated due process by reopening a dismissed case

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Having legally granted Pro Se Linda A. Petralia, Motion to Dismiss with prejudice on December 2, 2020, and “(without objection by the American Express National Bank, did the N.H. Superior Court abuse discretion and due process, including violating Constitutional rights, when it unlawfully, illegally, improperly, and unjustly acted outside proper venue and competent jurisdiction, as if it were an Appellate Court, ignoring its own final order, and permitting the named to re-open, re-litigate and maliciously prosecute a closed case for more than 6 months in violation of the Rule of Law, Res Judicata, culminating in the invalid named Summary Judgment being unlawfully granted on ~ June 16, 2021?” 2. Did the N.H. Supreme Court of Appeals incorrectly apply N.H. R. Super. Ct. 46(d) (1) (2) regarding “Appeals and Transfers to Supreme Court” in both its unanimously “Affirmed.” decisions of January 14, 2022 and February 18, 2022, disregarding and violating both the Rule of Law, Res Judicata, and Constitutional Rights, when claiming under said rule that the lower Superior Court had “broad discretion” to revoke its i. . December 2, 2020 final and binding order for the granting dismissal with prejudice and “(without objection by the American Express National Bank? 3. Given that the United States Supreme Court grants and hears only 1% of the cases that are filed per Term resulting in 99% of cases left unheard, what is a party's legal recourse under the law in the event the Rule of Law and Constitutional Rights are being violated by State courts under the guise of “broad discretion”, as has occurred in this case, and a party is being forced by State courts to participate in unlawful, illegal, improper and unjust actions of oppression that compel the party under duress to act against their will, better judgment and to their detriment and peril, in essence forcing one’s abandonment of inalienable Constitutional Rights? iii.

Docket Entries

2022-10-03
Petition DENIED.
2022-06-16
DISTRIBUTED for Conference of 9/28/2022.
2022-06-02
Waiver of right of respondent American Express National Bank to respond filed.
2022-05-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 22, 2022)

Attorneys

American Express National Bank
Randall L. PrattLaw Office of Randall L. Pratt, Esq., Respondent
Randall L. PrattLaw Office of Randall L. Pratt, Esq., Respondent
Linda A. Petralia
Linda Petralia — Petitioner
Linda Petralia — Petitioner