No. 24-7364

Philip Emiabata, et ux. v. Bank of New York Trust Company, et al.

Lower Court: Second Circuit
Docketed: 2025-06-05
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-violation due-process judicial-foreclosure pre-service-dismissal section-1915
Key Terms:
DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether judicial foreclosure under Texas law and pre-service dismissal of a complaint violate constitutional due process protections

Question Presented (OCR Extract)

1. Is judicial foreclosure pursuant to Texas extensive statutory procedure subject to 14th Amendment Due Process protection ? Can a court deny a Rule 59 (e) and Rule 60(b)(6)ETC., Motion that violates 5th Amendment Due Process protection ?2. 3. Can court disregarded Excusable negligence, its supported Affidavit and issue an order in a manner that violates 5th Amendment Due Process protection. Can a court Reinstate a Complaint to Grant FRAP 2, on its own or a party's motion , a court of appeals may-to expedite its decision or for other good causeSuspend any provision of these rules in a particular case and order proceedings as it directs, except as otherwise provided in Rule 26(b), prior to a case being closed that was post-stamped timely filed with receipts on or before due date ?4. 5. Can a court Reinstate a Complaint to Grant on its own or by a party's motion post stamped with receipts timely filed on or before due date ask for an additional extension of time, to request, clarify or apply FRAP 30. (I)(B) (C)(1) (2) (A) FRAP. 6. Can a court deny a Motion To Reinstate a Complaint to set aside and vacate nonfrivolous complaint on a void judgment under FRAP 60(b)(4) ? Can a court deny a Motion To Reinstate a Complaint to set aside and vacate nonfrivolous complaint in violation of the 5th Amendment Due Process protection ?7. 8. Can a court deny a Motion To Reinstate a Complaint to set aside and vacate nonfrivolous complaint in violation of the 5th Amendment Due Process protection on a void judgment under FRAP 60(b)(4) that has no -statute of limitations on filings a complaint based upon Fraud, Perjury or Fraud upon the court ? til 3 9. Can both District Court and Secord Circuit Disregarding the legal standard use to determine dismissal based on frivolous, pursuant to Section 1915 in violation of Due Process. 10. Can both District Court and Secord Circuit violate 28 U.S.C. § 1915, a statute enacted in support of a congressional goal that access to the courts should be equally available to the poor as well as the rich. Can both District Court and Second Circuit violate the United States Constitutional Protection of Fifth Amendment Due Process and Equal Protection. Has the United States Court of Appeals for the Second Circuit erred in basing its decision on the rulings of a Federal judge who has clearly and willfully violated 28 U.S.C. Section 1915. 13. Can a judge have Immunity for their non judicial activities who knowingly violate civil rights. 14, 42 USC 1983 and Biven Deprivation of rights under color of law itself provides Emiabatas relief11. 12. Did both court's error in dismissing the case. Can both District Court and Second Circuit Court of Appeals become a Snare that Snare the innocent and Set free the Guilt [Armed Robber Creditors, that unlawful in possession of Appellants Properties] in here, these Armed Robber Creditors, are still, unlawful in possession, detains, et al., of one of Appellants Property, known as 4510 little Hill Circle Austin Texas., Continue Violation, in violation of the Fifth Amendment, Right to owns. . . etc. Can the Armed Robbers Creditors Filed a FALSE DOCUMENTS in the . District Court, claiming that 4510 was foreclosure on 2008, but there are Evidences that Appellants Property Kwon ’s as 4510 Little Hill Circle was refinance in 2012 and Appellants were making their loan payments in, 2008, 2009, 2010, 2011, 2012, to 2015.15. 16. 17. If a non-prisoner Plaintiff proceeding in forma pauperis files a complaint that fails to satisfy Rule 12(b)(6), does 28 U.S.C. § 1915€(2)(B)(ii) empower the District Court to Sua sponte dismiss the claims , without prejudice, prior to service of process?18. (in

Docket Entries

2025-10-06
Petition DENIED.
2025-07-24
DISTRIBUTED for Conference of 9/29/2025.
2025-07-07
Brief of respondent JPMorgan Chase Bank, N.A. in opposition filed.
2024-07-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 7, 2025)

Attorneys

JPMorgan Chase Bank, N.A.
Laura FraherBarclay Damon LLP, Respondent
Laura FraherBarclay Damon LLP, Respondent
Philip Emiabata, et ux.
Philip Emiabata — Petitioner
Philip Emiabata — Petitioner