No. 23-5337

Noel Brown v. State Correctional Institution at Somerset, Administration Office, et al.

Lower Court: Third Circuit
Docketed: 2023-08-11
Status: Dismissed
Type: IFP
Relisted (2)IFP
Tags: appellate-procedure civil-procedure civil-rights court-costs court-rules default-judgment due-process federal-rules inmate-accounts notice-of-appearance standing stare-decisis
Key Terms:
SocialSecurity Immigration
Latest Conference: 2023-11-17 (distributed 2 times)
Question Presented (AI Summary)

Does the substantial holding in Commonwealth v. Spotz apply on appeal from the District Court for the Western District of Pennsylvania?

Question Presented (from Petition)

QUESTIONS PRESENTED ( 1. Does the substantial holding in case on point Commonwealth v. Spotz, No.9 MD 2008. In which the Commonwealth Court, Senior Judge Kelly, held that "Clerk of Courts and Corrections Officials were not authorized, in the absence of a Court Order to deduct funds from inmate's account to cover payment of waivable Court Costs". Spotz's ACT 84 Deductions’ was ceased from being deducted from his inmate account. The total sum deducted was refunded to his inmate account. Apply on appeal from the District Court for the Western District of Pennsylvania? . | 2. Does the substantial holding in case on point Buck v. Hampton twp. Sch. Dist. | unequivocally suggest that the Third Circuit in ruling on Petition for Rehearing En Banc, should accept as true all well pleaded material allegations in the Petition for Review, as well as all inferences reasonable deduced therefrom, matters of public records, court orders, and item appearing in the records of the case? —_ 3. Whether substantial holding of the Acknowledgment and Notice of Appearance will } constitute compliance with the requirements to file a FRAP 12(b) Representation Statement. } In counseled cases only an attorney whose admission to the Third Circuit Court's bar is current or an attorney with an admission or renewal application pending may file a Notice of Appearance? . 4. If an attorney other than the original designated lead counsel of record wishes to appear in a case for any reason, that attorney MUST file a Notice of Appearance of Substitute? , 5. Amicus Counsel. When an attorney seeks to substitute for the lead counsel of record, the Court will recognize the new attorney as the lead ONLY after the original lead counsel | of record files with the Court a letter stating that new lead counsel is about to enter ; 6. Does failure to substitute acknowledgment and notice of appearance (3rd Cir. LAR)(IOP), . \ | | t | i ooOoN ; ; QUESTIONS PRESENTED ; that party will be deemed to be in default. Based off defective filing? 7. Should this Supervisory Court Remand this case to the Third Circuit for failure to meet its fiduciary duty. Within the 3rd Cir. Rules and Requirements; "All litigants in this court must follow the Federal Rules of Appellate Procedure (FRAP) and the Third Circuit AppéLlate Rules (3rd Cir. LAR), in addition, the Third Circuit internal Operating . _ Procedures (IOP) apply to all cases"? Suggested Answer: YES! . 8. Whether Counsel who is not of record, has the right to file a brief or argue for the . mo 9. Should such a clear violation of the FRAP 12(b) always lead to a default judgment against the party who has intentionally violated the Federal Rule of Appellate Procedure, and substantially the Local Rules of the United States Court of Appeals? 10, Has failure by the 3rd Circuit to Stare Decisis to the Binding Authority of Federal Rules of Appellate Procedure (FRAP) by not issuing a Default Judgment against the violating party constitute a prima facie case for Error of Law? Suggested Answer: YES! i

Docket Entries

2023-11-20
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2023-11-01
Motion DISTRIBUTED for Conference of 11/17/2023.
2023-10-17
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2023-10-10
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2023-09-21
DISTRIBUTED for Conference of 10/6/2023.
2023-08-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 11, 2023)

Attorneys

Noel Brown
Noel Brown — Petitioner
Noel Brown — Petitioner