No. 25-6628

Elhadj Alpha Mahmoud Souare v. Court of Common Pleas of Ohio, Summit County, et al.

Lower Court: Ohio
Docketed: 2026-01-20
Status: Pending
Type: IFP
IFP
Tags: administrative-law custody-order due-process fourteenth-amendment judicial-procedure procedural-requirements
Key Terms:
ERISA DueProcess
Latest Conference: N/A
Question Presented (AI Summary)

Whether a magistrate's issuance of a dispositive custody and support order without a hearing violates due process and procedural requirements

Question Presented (from Petition)

1. Whether a magistrate ’s issuance of a dispositive custody and support order —adopted the same day by an administrative judge without a hearing —violates the Due Process Clause of the Fourteenth Amendment and Ohio Civ.R. 53(D). 2. Whether a court's failure to serve summons, hold a hearing, or permit objections prior to entering binding custody and child-support orders violates procedural due process. 3. Whether suspension of a parent's driver's license for child support based on an order issued without notice, evidence, or a hearing violates the Fourteenth Amendment under Bell v. Burson and Mathews v. Eldridge. 4. Whether a judge's refusal to rule on timely motions for recusal and disqualification violates a party ’s right to an impartial tribunal under the Due Process Clause. 5. Whether the Supreme Court of Ohio ’s summary dismissal of a mandamus petition alleging structural constitutional defects provides adequate review consistent with 28 U.S.C. § 1257(a). PARTIES Petitioner: Elhadj Alpha Mahmoud Souare P.O.Box 7024 Akron, Ohio 44306 Email: Phone: 234-303-9210 Respondents: Hon. Kani Hightower, Judge Summit County Domestic Relations Court Summit County Clerk of Courts

Docket Entries

2025-11-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 19, 2026)

Attorneys

Elhadj Alpha Mahmoud Souare
Elhadj Alpha Mahmoud Souare — Petitioner
Elhadj Alpha Mahmoud Souare — Petitioner