Ileen Cain v. Mercy University, fka Mercy College, et al.
FirstAmendment DueProcess Privacy
Which juncture of federal civil proceedings constitute Judgement entered establishes the finality of a civil complaint, Pursuant to Federal Rule Civil Procedure 60(b)(1)(2)(3) & (6)?
QUESTIONS PRESENTED In the matter of Jleen Cain v. Mercy University formerly, Mercy College 20-2266, LLS. Several Judgements have been handed down. The District Court January 17" 2023 Order dismissed Pro se Petitioner Ileen Cain’s motion for Relief from Judgment, claiming that the motion was brought more than a year after judgement ; was entered. The lower court does not identify the juncture of judgement entered that constituted the finality of Pro se Petitioner civil suit Question 1. Which juncture of federal civil proceedings constitute Judgement entered establishes the finality of a civil complaint, Pursuant to Federal Rule Civil Procedure 60(b)(1)(2)(3) & (6)? In 2019 Pro se Petitioner Ileen Cain via Defendant Respondent Mercy University, formerly Mercy College intranet submitted two allegations that Defendant Mercy University, formerly Mercy College students were engaging and participating in cyberstalking her, via social media platforms, posting racially derogatory comments and imagery of her. : In December of 2020 Defendant Respondent Mercy University, formerly Mercy College issued a letter to students that substantiated, a breach in their information technology [IT] in 2019. The letter described Defendant Respondent Mercy University formerly, Mercy College students engaged and participated with individuals outside of Mercy University, formerly Mercy College in posting racial imagery, and posting derogatory comments during a school sanctioned social media session via Zoom a social media platform. Question : 2. Does the Constitution First Amendment prohibit or protect students from racially charged speech and racially charged imagery posted via a school sanctioned social media event via social media platform Zoom that target a specific student? Post this Court denying Pro se Petitioner, Ileen Cain Petition for certiorari February 21, 2023; Pro se Petitioner, Ileen Cain obtained inadvertence subject letter issued to Mercy University formerly Mercy College students that substantiate Defendant Mercy University formerly, Mercy College students engaged and participated in posting racially charged imagery and commentary, during a school sanctioned social media event, via the internet social media platform Zoom. On March 8” 2023, Pro se Petitioner moved the District court for Relief from Judgement and moved for a preliminary hearing to argue the value of subject letter the motion was denied. ul Question a : 3. Does the residual clause of Federal Rule Civil Procedure 60(b)(6) that warrant relief: from judgement, based on extraordinary circumstances include documents that were solely in possession of Defendant Respondent during the initial pleading stages, of District and Appellate procedure? Plaintiff seeks to seal a document that is not part of the record and played no role in this Court’s exercise of its Article III judicial power, as the letter was filed after this case was closed. Indeed, this letter should not be part of the court record because the case-is closed and Plaintiff's motion to reopen the action has been denied. Defendant Respondent, Mercy University formerly, Mercy College Appellee Brief is a part of the record and played a significant role in the lower courts exercise of its Article III judicial power docketed at 21-0824, in the Second Circuit Court of Appeals in November of 2021. Defendant Respondent omits, the letter that substantiates a breach in their internet technology in 2019 where students engaged and participated with outsiders in posting racially charged derogatory comments and imagery Question ue 4. Does Defendant Respondent Mercy University, formerly Mercy College deliberate _ exclusion of documents constitute fraud, Pursuant to Fed. R. Civ. P 60(b)(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party? 5. Whether the subject document should establish part of the record? This action is closed. If Plaintiff files future documents that ar