No. 24-375

Leonard Carroll, et ux. v. Kendra Ross

Lower Court: Fourth Circuit
Docketed: 2024-10-02
Status: Denied
Type: Paid
Response Waived
Tags: burden-of-proof constitutional-rights due-process private-citizen-standing service-of-process subject-matter-jurisdiction
Key Terms:
Antitrust DueProcess JusticiabilityDoctri Jurisdiction
Latest Conference: 2024-11-08
Question Presented (AI Summary)

Whether a private citizen has standing to bring a claim in federal court when alleging misconduct by a law firm and challenging court jurisdiction based on constitutional rights

Question Presented (OCR Extract)

QUESTIONS PRESENTED . Does The Private Citizen Have Standing !n Court The Question becomes can the Private Citizen as a non-bar attorney bring a claim into a District Court when evidence of false misleading allegations are made by a Law Firm and the District Court conspires to deny the Private Citizen the right to bring their claim as a Private Citizen to expose these facts because they are not members of the Bar. To have the district Court refuse or deny subject matter and Jurisdiction when a private Citizen is given jurisdiction under Article Ill section 2 Citizens of Different States, 28 USC 1332 (1) Citizens of Different States and 28 USC chapter 5 District Court Section 129 West Virginia ; to be told the District Court has no jurisdiction. The Question also becomes when a Law Firm conspires to misrepresent the facts in order to deprive the Private Citizen of any defense knowing the claim is not against the Private Citizen but against their Franchise name and their way of denying the Private Citizen the right to a defense on the grounds, they are not members of the Bar. Does this not violate the 14" Amendment of Due Process of law, The 7 Amendment the Right to a Trial and the 1* Amendment the right to freedom of speech and the right for Redress ) and the equal protection due process clause. The Private Citizen are being denied the right to Burden of Proof because they are not members of the Bar and because the evidence would be so overwhelming that it exposes the Law Firms misleading false claims. : ii The general rule in civil cases is that the party charged with the task of maintaining the burden of proof must establish his case by a preponderance of the evidence. Most presumptions are based upon a logical inference a reasonable probability as the truth of the fact is presumed, it has been held that, insofar as criminal liability is concerned, a statutory has been held that, a statutory presumption may run afoul on constitutional provisions ( due process) unless there is a “rational connection “ between the established fact and the presumed fact flowing therefrom. See Totv. U.S. Delia., 1943, 319 US 463, 63 S. Ct. 1241 When the district court has claimed no subject matter or jurisdiction does this conclude a dismissal of this case. Even when Subject matter and jurisdiction both are given pursuant to ; Article Ili section 2 Citizens of Different States, 28 U.S.C 1332 (1) Citizen of Different States and 28 USC chapter 5 District Court Section 129 West Virginia to be told the District Court has no Jurisdiction. The point on jurisdiction posed, can the court just refuse jurisdiction because a Private Citizen is controversial and in bad taste to members of the Bar against a non-Bar member who has or feels they have a legitimate course of action when facts and conclusions could support the Court Jurisdiction. The question becomes can the Court refuse jurisdiction when it is a Private Citizen/non : Bar member that has come before the Court on the grounds of non — membership to defend themselves. iti When jurisdiction has been addressed under the Constitution, Federal Statues and court procedures and in the venue of the district court overrules the foundation of jurisdiction and refuse jurisdiction to avoid Due Process. On the process of services upon the defendant under the Rules of Court. The first point becomes a real issue does the defendant have to be served in person. As Rules point out any one over 18 in the household or place of employment can have people accept service. Can the serve be placed on the porch or between the door and is “This” proper serve Considered” Proper” by the Courts. The question become the rights of a Private Citizen representation of the defendant being served when the law firm has their client in an undisclosed location and no known address when the plaintiff is being targeted for a lawsuit. The question of serving a defendant or serving any form of legal document now comes into question, if the

Docket Entries

2024-11-12
Petition DENIED.
2024-10-23
DISTRIBUTED for Conference of 11/8/2024.
2024-10-04
Waiver of right of respondent Kendra Ross to respond filed.
2024-06-03

Attorneys

Kendra Ross
Brooks H. SpearsMcGuireWoods, LLP, Respondent
Brooks H. SpearsMcGuireWoods, LLP, Respondent
Leonard Carroll, et ux.
Leonard Carroll — Petitioner
Leonard Carroll — Petitioner