Joseph Sheely, et al. v. Harold R. Feezle, et al.
DueProcess FourthAmendment ClassAction JusticiabilityDoctri
Whether a district court's imposition of an appeal bond that inhibits appellants' pursuit of their statutory right of appeal, contrary to F.R.A.P. 7, is reviewable on motion in a pending appeal, and whether the 6th Circuit's dismissal of merits appeals for failure to post bond violates appellate precedent
I: Whether a district court’s imposition of an appeal bond for the express ed purpose of inhibiting appellants ’ pursuit of their statutory right of appeal , by factoring speculative or legally prohibited costs into determining the bond amount contrary to F.R.A.P. 7 , is reviewable on motion in the affected, pending appeal as an alternative to filing an entirely new appeal , where the 6th Circuit’s contrary reasoning create s both a split of authority among circuits and a dichotomy between the appellate rights of the wealthy and non -wealthy contrary to 5th and 14th Amendment equal protection principles . Issue II: Whether the 6th Circuit’s dismissal of Petitioners’ merits appeals for failure to file appeal bond, without providing Petitioners’ a reasonable opportunity to post bond after dismissing their separate bond appeal and denying reconsideration of their motions to eliminate bond, violated binding precedent s and was predicated on specious reasoning. .