No. 22-5482

William Paul Burch v. Homeward Residential Incorporated

Lower Court: Fifth Circuit
Docketed: 2022-09-01
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: bankruptcy-court due-process in-forma-pauperis non-article-iii-judge removal-court removal-jurisdiction removal-time-limit rooker-feldman-doctrine state-court-appeals thirty-day-window vexatious-litigant
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2022-12-02 (distributed 2 times)
Question Presented (AI Summary)

Question not identified

Question Presented (OCR Extract)

No question identified. : ii : L QUESTIONG) PRESENTED ; This case highlights the need for an impartial judiciary along with a need to revisit who should determine if a case can be removed and where it should be removed to. 1. If a petition is filed in state district court and results in a default judgment and is appealed by the defendant to the state court of appeals which rules they do not have jurisdiction because the judgment is an interrogatory judgment and remands the case to the state district court for completion does the thirty-day window for removal begin when the defendant is served with the pleadings and summons or sixteen months , later after a mandate is issued by the State Court of Appeals? 2. Should the decision on removal from a state court to a federal court by a defendant only be allowed by the state court judge, a federal district court judge, or any federal judge? . 3. If a state district court judge has issued a judgment can a non-Article IIT | federal bankruptcy judge dismisses the case under a 12(b)(6) motion and vacate the judgment in light of the Rooker-Feldman Doctrine? 4. Should a Plaintiff in a case that had been removed to federal bankruptcy , court be notified of a pending hearing and, if the case is appealed, tell the , district court judge when asked that an appellant has filed a motion to iii proceed in forma pauperis when they have received a copy of the motion and entered it on their docket? 5. Should a circuit court dismiss an appeal and sanction an appellant ’ without consideration of the merits of a case and without proper consideration of the in forma pauperis motion because the bankruptcy court issued a questionable vexatious litigant sanction? , II

Docket Entries

2022-12-05
Rehearing DENIED.
2022-11-09
DISTRIBUTED for Conference of 12/2/2022.
2022-11-02
Petition for Rehearing filed.
2022-10-11
Petition DENIED.
2022-09-15
DISTRIBUTED for Conference of 10/7/2022.
2022-09-13
Waiver of right of respondent Homeward Residential Inc. to respond filed.
2022-08-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 3, 2022)

Attorneys

Homeward Residential Inc.
Thomas F. LooseLocke Lord LLP, Respondent
William Paul Burch
William Paul Burch — Petitioner