No. 24-6293

Ohio, ex rel. John Paul Gomez v. Dan Favreau, Judge, et al.

Lower Court: Ohio
Docketed: 2025-01-14
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: constitutional-rights court-access due-process equal-protection judicial-bias vexatious-litigator
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2025-05-02 (distributed 2 times)
Question Presented (AI Summary)

Whether the lower court's vexatious litigator designation and dismissal of grievances against judicial officers violate the petitioner's constitutional rights to access courts and seek redress under the First and Fourteenth Amendments

Question Presented (OCR Extract)

This case raises critical questions regarding constitutional rights of parents in family and juvenile court proceedings, and the necessity for a reasoned judicial opinion considering a split decision among the justices. The specific issues for review are: (a) Did the lower court err in declaring me, John Paul Gomez, a vexatious litigator under S.Ct.Prac.R. 4.03(B), thereby infringing upon my constitutional rights to access the courts, seek redress, and equal justice under law, without a thorough examination of the merits of my claims consistent with the First and Fourteenth Amendment? (b) Given the split decision (3-3) among the justices, does the lack of a majority opinion create ambiguity and conflict with established Supreme Court precedents regarding the necessity of reasoned judicial reasoning in cases affecting litigants' rights? (c) Whether, as a parent, I have standing in proceedings that involve me and my minor children wherein exists actual bias, a pattern of discrimination, collusion, and intentional deprivation of my constitutional rights; compounded by ineffective representation of counsel regarding my minor son, conflicting with the principles recognized in Troxel v. Granville , 530 U.S. 57 (2000), In re Gault, 387 U.S. 1 (1967), and Strickland v. Washington, 466 U.S. 668 (1984)? (d) Whether the inability to seek review of the dismissal of grievances I filed against judicial officers and court appointed attorneys; and the failure to enforce code of judicial and professional conduct violate my First, Fifth and Fourteenth Amendment rights? 2

Docket Entries

2025-05-05
Petition DENIED.
2025-04-17
DISTRIBUTED for Conference of 5/2/2025.
2025-04-07
Notice of Death/Substitution of Judge Dan Favreau, Judge John Nau, Karen Starr submitted.
2025-04-07
Notice of Death/Substitution of Judge Dan Favreau submitted.
2025-03-31
Petitioner complied with order of March 10, 2025.
2025-03-10
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until March 31, 2025, 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.
2025-02-20
DISTRIBUTED for Conference of 3/7/2025.
2025-02-05
Waiver of right of respondent Judge Dan Favreau, Judge John Nau, Karen Starr to respond filed.
2025-01-27
Waiver of right of respondents Allen Bennett, Travis Stevens, Magistrate Erin Welch to respond filed.
2024-11-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2025)

Attorneys

Allen Bennett, Travis Stevens, Magistrate Erin Welch
Sarah LodgeTeetor Westfall, LLC, Respondent
John P. Gomez
John Paul Gomez — Petitioner
Judge Dan Favreau, Judge John Nau, Karen Starr
Cassaundra Lynn SarkLambert Law Office, Respondent