No. 22-5157

William Paul Burch v. Bank of America, N.A.

Lower Court: Fifth Circuit
Docketed: 2022-07-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: case-dismissal civil-procedure constitutional-rights due-process in-forma-pauperis judicial-hearing jurisdiction removal removal-procedure sanctions unconstitutional-rulings
Key Terms:
DueProcess Securities JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Should removal from a state court to a federal court be allowed without a hearing to determine if the case is a state or federal issue?

Question Presented (OCR Extract)

questions presented are: | 1. Should removal from a state court to a federal court by a defendant only be allowed after the state court judge conducts a hearing to determine if the case is a state issue, federal issue, or both and remove the case if warranted? 2. If a state trial court accepts an affidavit of pauper status, should the federal courts continue to honor in forma pauperis after removal to federal court and if not can the circuit court pile on sanctions on this issue to amount for thousands of dollars more than the Appellant could pay before death? — 3. Is it a violation of due process rights under the constitution to rely on unconstitutional rulings to dismiss a case? II.

Docket Entries

2022-10-03
Petition DENIED.
2022-08-18
DISTRIBUTED for Conference of 9/28/2022.
2022-08-08
Waiver of right of respondent Bank of America, N.A. to respond filed.
2022-07-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 22, 2022)

Attorneys

Bank of America, N.A.
Connie Flores JonesWinston & Strawn, LLP, Respondent
Connie Flores JonesWinston & Strawn, LLP, Respondent
William Paul Burch
William Paul Burch — Petitioner
William Paul Burch — Petitioner