No. 22-5526

William Paul Burch v. Homeward Residential Incorporated

Lower Court: Fifth Circuit
Docketed: 2022-09-08
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: article-iii-judge bankruptcy civil-procedure constitutional-procedure due-process federal-court judicial-discretion jurisdiction removal removal-jurisdiction standing state-court
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2023-01-06 (distributed 2 times)
Question Presented (AI Summary)

Is it a violation of the United States Constitution for a federal court to accept removal of a case from state court after thirty days or can it be extended sua sponte by a non-article III bankruptcy court judge or a federal district court judge?

Question Presented (OCR Extract)

QUESTION(S) 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. β€œIs it a violation of the United States Constitution for a federal court to accept removal of a case from state court after thirty days or can it be extended sua sponte by a non-article III bankruptcy court judge or a federal district court judge?” 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 Article III or non-Article HI federal judge? 3. Should a circuit court dismiss an appeal and sanction an appellant without consideration of the merits of a case and without consideration of the trial court approval due to the bankruptcy court issuing a questionable vexatious litigant sanction? II

Docket Entries

2023-01-09
Rehearing DENIED.
2022-11-30
DISTRIBUTED for Conference of 1/6/2023.
2022-11-04
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, Incorporated to respond filed.
2022-09-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 11, 2022)

Attorneys

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