No. 24-665

John W. Fink v. Kaydon A. Stanzione, et al.

Lower Court: Third Circuit
Docketed: 2024-12-19
Status: Denied
Type: Paid
Response Waived
Tags: due-process judicial-violations procedural-rules rule-60d summary-dismissal third-circuit
Key Terms:
Arbitration DueProcess
Latest Conference: 2025-02-21
Question Presented (AI Summary)

Whether the Third Circuit and district court deprived the petitioner of due process by summarily dismissing his case and improperly applying procedural rules without addressing alleged judiciary violations

Question Presented (OCR Extract)

QUESTIONS PRESENTED This petition is my third petition which involves one or more of six somewhat related cases. In the five prior cases, both the New Jersey District Court and the Third Circuit had deprived me of due process by committing a total of more than 50 judiciary violations! in deciding pre-jury-trial motions. Many of the violations consist of extrajudicially sourced facts with most false. These violations remain undisputed by any respondent or judge. Currently, the underlying district court stated that it lacked jurisdiction over the prior Third Circuit opinions but nevertheless relied on those opinions, as is, to conclude my cases had been meritless. It did so without addressing the judiciary violations contained within them. Also, the court decided to grant an unwarranted sanction which bars me from further pursuing these grave miscarriages of justice. In the last two cases, I explicitly invoked Federal Rule of Civil Procedure (“Rule”) 60(d). Clearly, Rule 60(d) did not function as envisioned. Both times, the district court unjustly terminated my cases, with the Third Circuit wrongly affirmed them, thereby inflicting a grave miscarriage of justice upon me. As such, this Court needs to intervene to ensure the proper functioning of the lower courts. Therefore, the issues for consideration are as follows: e Whether the Third Circuit deprive me of due process when, prior to any briefing in that current 1 Not “errors,” given the number and type committed. ii appellate case before it, the Third Circuit summarily concluded that my appellate case lacked any substantial questions even though I had previously shown the court that many existed? e Whether the underlying district court, which asserted it lacked jurisdiction over the Third Circuit opinions at issue in my complaint, failed to faithfully apply Rule 60(d) in a Rule 12(b)(6) proceeding and, thereby, deprived me of due process since a major portion of my complaint proffered allegations (along with supporting facts) as to those opinions and revealed them as void? e Whether the district court again deprive me of due process — it had done so five previous times — and the opportunity to be heard when it used those very same Third Circuit opinions to support its dismissal of my case, especially since that court (i) independently introduce its jurisdictional argument without first informing the parties of its intention to do so, (ii) relied on the jurisdictional argument to render its biased decision, and Gii) improperly barred me from arguing against its jurisdictional argument?

Docket Entries

2025-02-24
Petition DENIED.
2025-02-05
DISTRIBUTED for Conference of 2/21/2025.
2025-01-14
Waiver of right of respondent Johnson Controls Security Solutions, LLC to respond filed.
2025-01-02
Waiver of right of respondents Steven W. Davis and SUEZ WTS USA Inc. to respond filed.
2024-12-16

Attorneys

John W. Fink
John W. Fink — Petitioner
John W. Fink — Petitioner
Johnson Controls Security Solutions, LLC
Eugene D KublanovskyKublanovsky Law, LLC, Respondent
Eugene D KublanovskyKublanovsky Law, LLC, Respondent
Steven W. Davis and SUEZ WTS USA Inc.
Thomas James DonlonRobinson & Cole, LLP, Respondent
Thomas James DonlonRobinson & Cole, LLP, Respondent