Barry J. Smith, Sr. v. United States Congress, et al.
DueProcess Securities
Is there a time limit to file a Rule 60(b)(4) motion to vacate a judgment order as void for lack of subject-matter jurisdiction
QUESTIONS PRESENTED , | 1. Is there a time limit to file a Rule “60(b)(4) motion | to vacate a judgment order as void for lack of subjectmatter jurisdiction; after the trial court has ruled that it does not have subject-matter jurisdiction of the case, , does it have judicial authority to grant a motion by de, fendant to bar petitioner out of court based on the merits of the complaint? 2. Is the standard of review de novo when a circuit court of appeals reviews a district court’s denial of a Rule 60(b)(4) motion to vacate a judgment order as void for lack of subject-matter jurisdiction? 3. Is petitioner, who has been duly convicted of a crime under the Thirteenth Amendment and has completely paid the judicially pronounced punishment, a Thirteenth Amendment citizen who only has those rights the government chooses to grant him, or, is petitioner a Fourteenth Amendment citizen who is entitled to equal protection of America’s laws? | | 1k |