No. 23-6613

Kathy Allen v. Arthur Allen, et al.

Lower Court: North Carolina
Docketed: 2024-01-30
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: appellate-procedure appellate-rules civil-procedure constitutional-rights court-rules due-process estate-litigation motion-to-dismiss national-interest north-carolina standing
Key Terms:
AdministrativeLaw Arbitration DueProcess FourthAmendment Securities Privacy JusticiabilityDoctri
Latest Conference: 2024-05-09 (distributed 2 times)
Question Presented (AI Summary)

Did the NCCOA and NCSC improperly deny appellant's motions or was it a violation of appellate rules and of national interest to court litigation and citizens of North Carolina?

Question Presented (from Petition)

QUESTIONS PRESENTED 1: Did the NCCOA and NCSC Improperly Deny Appellant’s Motions for R. 33 Notice of Representation or was violation of the appellate rules and is of National Interests to Court Litigation and to the Citizens of North Carolina 2: Did the NCCOA and NCSC Improperly Deny Appellant’s R. 38 Motion for Party Substitution or was violation of the appellate rules and is of National Interests to Court Litigation and to the Citizens of North Carolina 3. Did the NCCOA and NCSC — Improperly Deny Appellant’s Motion for or was violation of the appellate rules and is of National Interests to Court Litigation and to the Citizens of North Carolina 4: Did the NCCOA and NCSC — Improperly Grant Appellees’ Motion to Dismiss Without Providing an Analysis or Opinion or Determine the Merits or Material Facts and Violates at Least the 14th Amendment Due process, and U.S. Code. 1983 and is of National Interests to Court Litigation and to the Citizens of North Carolina 4A: Did the NCCOA and NCSC Commit Reversible Error in the Dismissal as a U.S. Code. 1983 Violation (But Appellant also Reserves This Violation as a Separate Federal 1983 Claim) and Wasn’t NCCOA’s Conduct a violation of at least N.C. Constitution Article 1 Sec. #1, 18, 19, and 25 and is of National Interests to : Court Litigation and to the Citizens of North Carolina 5: Did the NCCOA and NCSC’s Orders Violate Constitutional Rights and N.C. Appellate Rules in providing no opinions and NCSC do so by N.C. G.S. § 7A30 or § 7A-31 for Affirming or Dissenting Opinions or in providing no opinions and is of National Interests to Court Litigation and to the Citizens of North Carolina , iii PARTIES TO PROCEEDINGS Kathy R. Allen is the Petitioner and filed the WCSC 2020 Caveat for her mother’s N.C. estate and administration of it for its property after her sibling Jay K. Allen filed a 2017 Caveat that was denied January 6, 2020 Order. | Arthur L. Allen [sic deceased] is Respondent ] and Petitioner’s oldest sibling who was the personal collector for their mother’s estate and ‘Will’ but himself passed in late 2020. His wife Mary Flager Allen is supposedly his estate’s personal collector, but failed to appear or be officially represented in any of the cases. Steve R. Allen is Respondent 2 and another of Petitioner’s sibling who was a party to the 2017 Caveat and continued being named as a party into the Petitioner’s 2020 Caveat for their mother’s estate and ‘Will’. : Jay K. Allen is not a party to the cases on this writ but is another of the Petitioner’s sibling who filed the 2017 Caveat on their mother’s estate and ‘Will’. He and the Caveat he filed are discussed in some of the arguments’ discussions and has his own pending appellate options for it. , iv RELATED CASES AND HEARINGS Wake County Superior Court (WCSC), Raleigh, North Carolina for the case #16-E01390. Kathy R. Allen v. Arthur L. Allen, [sic] Steve R. Allen, Anthony A. Klish Caveat filed February 13, 2020 Judgment entered by Judge Rozier November 18, 2021 granting Respondents’ motion to dismiss (MTD) . North Carolina Court of Appeals (NCCOA) #22-276 Kathy R. Allen v. Arthur L. Allen, [sic] Steve R. Allen , Anthony A. Klish for its February 7, 2023 and last two Orders dated March 3, 2023 Judgment dismissed the appeal granting Appellees’? MTD North Carolina Supreme Court (NCSC) #84P23 Kathy R. Allen v. Arthur L. Allen, [sic] Steve R. Allen , Anthony A. Klish for its September 57, 2023 Order Judgment denied Appellant’s N.C.G.S. § 7A-30 notice of appeal and N.C.G.S. § 7A-31 discretionary review for the NCCOA #22-276 Order ;

Docket Entries

2024-08-09
Petition Dismissed - Rule 46.
2024-07-16
Motion of petitioner to dismiss the petition for a writ of certiorari pursuant to Rule 46 filed.
2024-06-03
Application (23A947) granted by The Chief Justice extending the time to file until July 19, 2024. No further extensions will be granted.
2024-05-29
Application (23A947) for a further extension of time within which to comply with the order of April 1, 2024, submitted to The Chief Justice.
2024-05-13
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2024-04-23
Motion DISTRIBUTED for Conference of 5/9/2024.
2024-04-22
Application (23A947) granted by The Chief Justice extending the time to file until June 21, 2024.
2024-04-11
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2024-04-11
Application (23A947) for an extension of time within which to comply with the order of April 1, 2024, submitted to The Chief Justice.
2024-04-01
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until April 22, 2024, 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.
2024-03-13
DISTRIBUTED for Conference of 3/28/2024.
2024-01-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 29, 2024)
2023-11-30
Application (23A490) granted by The Chief Justice extending the time to file until January 27, 2024.
2023-11-27
Application (23A490) to extend the time to file a petition for a writ of certiorari from November 28, 2023 to January 27, 2024, submitted to The Chief Justice.

Attorneys

Kathy Allen
Kathy Allen — Petitioner
Kathy Allen — Petitioner