No. 22-7811

Trent S. Griffin, Sr. v. American Zurich Insurance Company, et al.

Lower Court: Fifth Circuit
Docketed: 2023-06-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 60b-motion abuse-of-discretion affirmative-defense appellate-review full-faith-and-credit jurisdiction motion-to-dismiss plea-to-the-jurisdiction res-judicata
Key Terms:
SocialSecurity DueProcess Privacy
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Whether an unauthenticated judgment has res judicata effects as an affirmative defense

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Pursuant to the Full Faith and Credit, whether an unauthenticated judgment have res judicata affects as an affirmative defense provided in memoranda or otherwise not presented in an answer or proved. 2. Ifso, whether a "plea to the jurisdiction" affirms that res judicata effects on a second appeal, that was presented for the first time on appeal, specifically when the plea is unauthenticated or not proved or presented in a brief in opposition. 3. Whether a court of appeals may grant a motion to dismiss as frivolous under its local rule, specifically when the standard of review is abuse of discretion for denial of a 60(b) motion. 4. Whether a 60(b) motion that was denied in the district court for lack of jurisdiction, and not incorporated in the first appeal, prohibit a subsequent 60(b) motion in the district court, and a second appeal, particularly when Respondents did not file an objection in the lower court prior to the second appeal or Fifth Circuit failure to incorporate Petitioner's 60(b) motion in the first appeal. 5. Whether any State governmental instrumentality that collects child support, have the power to garnish SSA or VA benefits or otherwise employment wages of an individual citizen or person within the jurisdiction of the United States without a State contempt or valid court order, that was noticed to of all parties. 6. Whether that power extends to other governmental instrumentalities of another Sate or private individuals. t

Docket Entries

2023-12-21
Case considered closed.
2023-10-02
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 23, 2023, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2023-07-27
DISTRIBUTED for Conference of 9/26/2023.
2023-07-07
Waiver of right of respondents State of Texas; Former Governor Rick Perry, Governor Abbott, et al. to respond filed.
2022-11-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 17, 2023)
2022-09-27
Application (22A265) granted by Justice Alito extending the time to file until November 25, 2022.
2022-09-06
Application (22A265) to extend the time to file a petition for a writ of certiorari from September 25, 2022 to November 24, 2022, submitted to Justice Alito.

Attorneys

State of Texas; Former Governor Rick Perry, Governor Abbott, et al.
Kimberly GdulaTexas Office of the Attorney General, Respondent
Kimberly GdulaTexas Office of the Attorney General, Respondent
Trent S. Griffin
Trent Steven Griffin Sr. — Petitioner
Trent Steven Griffin Sr. — Petitioner