No. 24-5749

Noel Vincent Thomas v. North Carolina Mutual Life Insurance Company, et al.

Lower Court: Fourth Circuit
Docketed: 2024-10-11
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: appellate-review failure-to-state-claim federal-rules res-judicata sovereign-immunity trial-court
Key Terms:
SocialSecurity DueProcess FifthAmendment FirstAmendment Privacy JusticiabilityDoctri
Latest Conference: 2024-12-06
Question Presented (AI Summary)

Whether the trial court erred in affirming the lower court decision based on failure to state a claim, failure to comply with federal rules, sovereign immunity, and res judicata

Question Presented (OCR Extract)

QUESTION PRESENTED 1) WHETHER THE TRIAL COURT ERRED ASA MATTER OF LAW BY AFFIRMING THE LOWER COURT DECISION BASED ON THE ASSERTIONS OF FAILURE TO STATE A CLAIM, FAILURE TO COMPLY WITH FEDERAL RULES, SOVEREIGN IMMUNITY AND” ACTION BEING BARRED BY RES JUDICATA? 2) WHETHER THE TRIAL COURT ABUSED ITS DISCRETION BY REFUSING TO EXAMINE OR REVIEW THE COMPLAINT AND THE SUPPORTING EXHIBITS WITHIN THE FOUR CORNER LIMITS OF THE PLEADINGS AND THE DENIAL OF THE MOTION TO PROCEED IN FORMA PAUPERIS? ii 4 4 PARTIES TO PROCEEDINGS AND RELATED CASES Petitioner, Noel Vincent Thomas, was the Plaintiff in the U.S. District Court for the Eastern District of North Carolina and the Appellant in the U.S. Court of Appeals for the Fourth Circuit proceedings. Respondents, North Carolina Mutual Life Insurance Company, Michael L. Lawrence, North Carolina Department of Insurance, John Hoomani, Alabama Department of insurance and James Finn, was Defendants in the U.S. District Court for the Eastern District of North Carolina and the Appellees in the U.S. Court of Appeals for the fourth Circuit proceedings. Below are all the past and present cases of other courts that are directly related to this action: Noel Thomas vs. North Carolina Mutual Life Insurance Company, et al, No. /:18cv-00445-TFM-N, U.S. District Court for the Southern District of Alabama, judgment entered on January 17, 2020. Noel Thomas vs. North Carolina Mutual Life Insurance Company, et al, No. 2010318, U.S. Court of Appeals for the Eleventh Circuit, judgment entered on April 15, 2020. Noel Vincent Thomas vs. North Carolina Mutual Life Insurance Company, et al, No. 20-CC-043897, Florida Hillsborough County Small Claims Court, judgment entered on May 4, 2021. iii ff 2 UJ Noel Vincent Thomas vs. North Carolina Mutual Life Insurance Company, et al, No. 2D21-1346, Florida Second District Court of Appeals, judgment entered on December 15, 2021. Noel Vincent Thomas vs. North Carolina Mutual Life Insurance Company, et al,No. U.S. District Court for the Southern District of Alabama, judgment entered on June 28, 2023. Noel Vincent Thomas vs. North Carolina Mutual Life Insurance Company, et al, No. 23-12428, U.S. Court of Appeals for the Eleventh Circuit, judgment entered on February 26, 2024. Noel Vincent Thomas vs. North Carolina Mutual Life Insurance Company, et al, No. 23-CC-127014, Florida, Hillsborough County Circuit Court, case still pending.

Docket Entries

2024-12-09
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.
2024-11-14
DISTRIBUTED for Conference of 12/6/2024.
2024-10-31
Waiver of right of respondent North Carolina Mutual Life Insurance Company and Michael Lawrence, CEO of NCMLIC to respond filed.
2024-10-21
Waiver of right of respondents North Carolina Department of Insurance and John Hoomani to respond filed.
2024-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 12, 2024)

Attorneys

Noel Vincent Thomas
Noel Vincent Thomas — Petitioner
Noel Vincent Thomas — Petitioner
North Carolina Department of Insurance and John Hoomani
Gina M. Von OehsenNorth Carolina Department of Justice, Respondent
Gina M. Von OehsenNorth Carolina Department of Justice, Respondent
North Carolina Mutual Life Insurance Company and Michael Lawrence, CEO of NCMLIC
Debjani Maken — Respondent
Debjani Maken — Respondent