No. 22-1104

Shawn Talbot v. Louis Eric Johnson, et al.

Lower Court: Ninth Circuit
Docketed: 2023-05-11
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure court-jurisdiction due-process facial-challenge federal-court federal-rules jurisdiction jurisdictional-challenge material-allegations pleading-requirements standing
Key Terms:
DueProcess Securities
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether the United States District Court, District of Nevada lacked lawful jurisdiction in cause no: 2:09CR-0078, and 2:10-CR-00520

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW The United States District Court, District of Nevada lacked lawful jurisdiction in cause no: 2:09CR-0078, and 2:10-CR-00520 for the reasons below: 1. The Complaint (Notice of Void Judgment and Jurisdictional Challenge cause no: presents a detailed recitation of Plaintiffs' assertions that more than satisfies the pleading requirements of a Jurisdictional Challenge of the Trial Court. 2. Consideration of the Complaint, at LAW, as a whole demonstrates that said complaint meets the requirements established under the Federal Rules for a lawful challenge of the Courts alleged Jurisdiction asserted by Louis Eric Johnson. A 3. In reviewing a facial challenge, whichcontests the sufficiency of the pleadings, "the court must only consider the allegations of the complaint and documents referenced therein and attached thereto, inthe light most favorable to the plaintiff NOT the alleged merits of the cause in question as it was presented to the court. 4. The Courtls] must accept as true all material allegations set forth in the complaint, or present documented evidence of fact which would testify to the inconsistency of any/all material allegation(s) and must construe those facts in favor of the nonmoving party.

Docket Entries

2023-10-02
Petition DENIED.
2023-06-28
DISTRIBUTED for Conference of 9/26/2023.
2023-05-17
Waiver of right of respondent United States to respond filed.
2023-01-05

Attorneys

Shawn Talbot
Shawn Talbot — Petitioner
Shawn Talbot — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent