No. 22-5145

Michael Kim v. Twelfth Judicial Circuit Court of Florida, et al.

Lower Court: Eleventh Circuit
Docketed: 2022-07-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-removal due-process eleventh-amendment in-forma-pauperis judicial-jurisdiction litigation-costs removal standing supreme-court-precedent
Key Terms:
DueProcess Privacy
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Should this Court overrule Home Depot U.S.A., Inc. v. Jackson, 189 S. Ct. 1743 (2019), affirmed on 54 (1 dissent), or hold that a defendant in a civil action cannot remove the claim under 28 U.S.C.S. § 1441(a) because all defendants who have been properly joined and served must join in or consent to the removal of the action, pursuant to 28 U.S.C.S. § 1446(b)(2)(A)?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Should this Court overrule Home Depot U.S.A., Ine. v. Jackson, 189 8. Ct. 1743 (2019), affirmed on 54 (1 dissent), or hold that a defendant in a civil action cannot remove the claim under 28 U.S.C.S. § 1441(a) because all defendants who have been properly joined and served must join in or consent to the removal of the action, pursuant to 28 U.S.C.S. § 1446(b)(2)(A)? 2. Should this Court overrule Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89 (1984), or hold that The Eleventh Amendment prevents federal courts from exercising jurisdiction over state defendants? 8. Should this Court overrule Aetna Life Ins. Co. v. Lavoie, 475 U.S. 818 (1986), or hold that under the Due Process Clause, no judge could be a judge in his own case or be permitted to try cases where he had an interest in the outcome? 4. Should this Court overrule Adkins v. FE. L DuPont de Nemours & Co., 335 U.S. 331 (1948), or hold that a petitioner could not be denied an opportunity to commence, prosecute, or defend an action in a federal court solely because poverty made it impossible to pay the litigation costs?

Docket Entries

2022-10-03
Petition DENIED.
2022-09-01
DISTRIBUTED for Conference of 9/28/2022.
2022-08-22
Waiver of right of respondents United States to respond filed.
2022-05-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 22, 2022)

Attorneys

Michael Kim
Michael Kim — Petitioner
Michael Kim — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent