No. 22-5254

William Paul Burch v. Mark X. Mullen

Lower Court: Fifth Circuit
Docketed: 2022-08-02
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: article-iii bankruptcy-judge constitutional-violation federal-rules in-forma-pauperis sanction-fees unconstitutional-order vexatious-litigant
Key Terms:
DueProcess Securities
Latest Conference: 2022-12-02 (distributed 2 times)
Question Presented (AI Summary)

Whether a non-Article III bankruptcy judge can write and enforce their own law on vexatious litigants that violates the constitution

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. There are no vexatious litigant rules or statutes currently in effect in Federal law, only in state statutes. Therefore, can a non-Article III bankruptcy judge write his own law on vexatious litigant that violates the constitution and enforce it? 2. What should the federal rules on vexatious litigant be? 3. If a plaintiff has been declared or sanctioned as a vexatious litigant and the ruling, he was sanctioned under is either unconstitutional and/or the new rules on vexatious litigant in the second question would not make the plaintiff a vexatious litigant, should the vexatious litigant sanction be vacated as well as any related orders on other cases? 4 If a Court denies a legal in forma pauperis motion and declares the motion as frivolous based on another panel’s ruling involving another courts unconstitutional vexatious litigant order, can the courts pile on sanction fees to a total of over $5000 when the Appellant only had a surplus of $2.00 per month at the time? II

Docket Entries

2022-12-05
Rehearing DENIED.
2022-11-15
DISTRIBUTED for Conference of 12/2/2022.
2022-11-03
2022-10-11
Petition DENIED.
2022-09-15
DISTRIBUTED for Conference of 10/7/2022.
2022-07-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 1, 2022)

Attorneys

William Paul Burch
William Paul Burch — Petitioner
William Paul Burch — Petitioner