No. 22-5425

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

Lower Court: Fifth Circuit
Docketed: 2022-08-23
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: article-iii-court civil-procedure constitutional-challenge court-removal federal-jurisdiction in-forma-pauperis pro-se-litigation removal sanction-fees sanctions vexatious-litigant
Key Terms:
DueProcess Securities Privacy Jurisdiction
Latest Conference: 2023-01-06 (distributed 2 times)
Question Presented (AI Summary)

Should-removal-from-state-court-to-federal-court-be-allowed-only-after-state-court-hearing

Question Presented (from Petition)

QUESTION(S) PRESENTED 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 case is removed to a Federal court, should it only be removed to an Article III court? 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? | | | iii II

Docket Entries

2023-01-09
Rehearing DENIED.
2022-11-30
DISTRIBUTED for Conference of 1/6/2023.
2022-11-25
Petition for Rehearing filed.
2022-10-31
Petition DENIED.
2022-10-06
DISTRIBUTED for Conference of 10/28/2022.
2022-09-09
Waiver of right of respondent Bank of America, N.A. to respond filed (Waiver docketed 10/7/22).
2022-08-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 22, 2022)

Attorneys

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