No. 18-5382

Muriel Fiedler v. Mace Brindley, et al.

Lower Court: Fifth Circuit
Docketed: 2018-07-27
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 28-usc-1441 civil-procedure civil-procedure-removal diversity-jurisdiction due-process forum-defendant-rule judicial-bias remand remand-procedures removal removal-jurisdiction subject-matter-jurisdiction
Latest Conference: 2018-12-07 (distributed 2 times)
Question Presented (from Petition)

The forum defendant rule, 28 U.S.C. § 1441(a), provides out of state defendants protection against biases of local courts and juries by procedurally providing these defendants an opportunity to remove their case to federal court. However, out of state litigants who have filed in the wrong forum are being prevented from removing their case to the federal system by the in-state- defendants and the local state courts. In some instances, the district courts have denied litigants who, meet federal jurisdiction access to the federal system. These litigants, and those who wish to join, are turned away to face the biases of the state court, who oftentimes have already adjudicated and disposed of their case in their absence.

Whether the district court had subject matter jurisdiction over the petitioner's case when the Original Petition was filed in state court?

Whether the district court orders adhered to remand procedures under 28 U.S.C. § 1447(c) and (d)?

Whether the district court judge was biased towards the petitioner so as to deprive her of procedural and substantive due process?

Question Presented (AI Summary)

Whether the district court had subject matter jurisdiction over the petitioner's case

Docket Entries

2018-12-10
Rehearing DENIED.
2018-11-20
DISTRIBUTED for Conference of 12/7/2018.
2018-10-23
Petition for Rehearing filed.
2018-10-01
Petition DENIED.
2018-08-02
DISTRIBUTED for Conference of 9/24/2018.
2018-07-30
Waiver of right of respondents Mace Brindley, et al to respond filed.
2018-06-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 27, 2018)

Attorneys

Mace Brindley, et al
David M. Walsh IVKershaw Anderson, PLLC, Respondent
Muriel Fiedler
Muriel Fiedler — Petitioner