No. 22-5886

Fareed Sepehry-Fard v. U.S. Bank National Association, As Trustee for Greenpoint Mortgage Trust Mortgage Pass-Through Certificates, Series 2007-AR2, et al.

Lower Court: Ninth Circuit
Docketed: 2022-10-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-chapter-5 article-iii balzac-v-porto-rico court-jurisdiction district-court judicial-power mookini-v-united-states statutory-interpretation territorial-court
Key Terms:
DueProcess FifthAmendment
Latest Conference: 2022-11-10
Question Presented (AI Summary)

Whether the lower courts have correctly interpreted Sections 81-131 of Title 28 U.S.C. Chapter 5 - DISTRICT COURTS in light of the Supreme Court's rulings in Balzac v. Porto Rico and Mookini v. United States

Question Presented (from Petition)

QUESTION PRESENTED United States Supreme Court in two cases: Balzac vy. Porto Rico, 258 U.S. 298 (1921) and Mookini v. United States, 303 U.S. 201 (1938) made it clear that a “ district court of the United States” described a court created under Article III and a “United States district court” described a territorial court. The issue presented is: Should this court end the conflict in lower courts by applying Balzac, Id. and Mookini, Id. rules nationwide that the enacted law at Sections 81-131 of Title 28 U.S.C Chapter 5— DISTRICT COURTS, where in the rest of Chapter 5, Congress explains that only one district court in all of the 50 states, _ Hawaii, has been established as an Article III judicial court and explains why that court cannot function as a court exercising judicial power as an operation of law which is the pre-cursor to the secondary questions thus disapproving lower courts’ interpretation of Sections 81-131 of Title 28 U.S.C Chapter 5— DISTRICT COURTS as adopted in Balzac, Id. and Mookini, Id.? -2\

Docket Entries

2022-11-14
Petition DENIED
2022-11-14
Petition DENIED.
2022-10-26
DISTRIBUTED for Conference of 11/10/2022.
2022-10-24
Waiver of right of respondent U.S. Bank National Association, et al. to respond filed.
2022-09-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 21, 2022)

Attorneys

Fareed Sepehry-Fard
Fareed Sepehry-Fard — Petitioner
Fareed Sepehry-Fard — Petitioner
U.S. Bank National Association, et al.
Jan T. ChiltonSeverson & Werson, Respondent
Jan T. ChiltonSeverson & Werson, Respondent