No. 23-263

Barry J. Smith, Sr. v. United States Congress, et al.

Lower Court: Seventh Circuit
Docketed: 2023-09-18
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: circuit-court-review civil-procedure due-process fourteenth-amendment judicial-authority rule-60(b)(4) standing subject-matter-jurisdiction thirteenth-amendment void-judgment
Key Terms:
DueProcess Securities
Latest Conference: 2024-01-05 (distributed 2 times)
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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 |

Docket Entries

2024-01-08
Rehearing DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2023-12-20
DISTRIBUTED for Conference of 1/5/2024.
2023-12-04
Petition for Rehearing filed.
2023-11-13
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2023-10-24
DISTRIBUTED for Conference of 11/9/2023.
2023-10-18
Waiver of right of respondent United States Congress to respond filed.
2023-09-27
Waiver of right of respondent Wisconsin Legislature to respond filed.
2023-09-12

Attorneys

Barry Smith
Barry J. Smith Sr. — Petitioner
Barry J. Smith Sr. — Petitioner
United States Congress
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Wisconsin Legislature
Steven C. KilpatrickState of Wisconsin Department of Justice, Respondent
Steven C. KilpatrickState of Wisconsin Department of Justice, Respondent