No. 19-1286

In Re Nina Shahin

Lower Court: N/A
Docketed: 2020-05-13
Status: Denied
Type: Paid
Response Waived
Tags: 14th-amendment civil-procedure civil-rights due-process standing takings criminal-procedure fourth-amendment fourth-amendment-application fourth-amendment-interpretation search-and-seizure unreasonable-search
Key Terms:
SocialSecurity DueProcess Privacy
Latest Conference: 2020-09-29
Question Presented (from Petition)

1. How "narrow " Statute of Removal should be
interpreted, especially in situations like the Petitioner 's?

2. Does, the Petitioner 's situation meet the standards of
"obtaining justice " and "local influence and prejudice " to
avoid limitation of transfers to defendants only?

3. Did the Petition for Writ of Mandamus filed with the
Third Circuit Court of Appeals meet that standard?
Note, the Court 's claim that "Shahin does not challenge
the District Court 's remand orders, and we therefore do
not consider whether we would have jurisdiction over
such a challenge " (Appendix E, page 5) is a lie. That
decision was entered on 05/02/19 and appeal with the
Court in this case was filed on 04/11/2019!

4. Does Petitioner 's 'Notice of Removal ' fall under
provisions of 28 U.S.C. § 1446(b) (30-day limitation)?

5. Does the presiding Judge of the CCP have the power
to interpret Petitioner 's Complaint regarding legal basis
under which it had been filed without pretrial
'Stipulations ' that clarify that point and disregard her
'Response ' to his mandate to respond to the Defendant 's
claims of "immunity? "

6. Does the Defendant (Officer Dale Boney) have to
agree to the removal of the case to the federal district
court?

7. Since the State courts considered exclusively the
issue of the Defendant 's "immunity " under the State
law, was there no "issues " to transfer to the federal
courts by disregarding Petitioner 's civil and _
constitutional claims under 42 U.S.C. § 1983?

Question Presented (AI Summary)

Whether the lower court erred in its interpretation and application of the Fourth Amendment's protections against unreasonable searches and seizures

Docket Entries

2020-10-05
Petition DENIED.
2020-07-15
Waiver of right of respondent The Honorable Charles W. Welch, III to respond filed.
2020-06-24
DISTRIBUTED for Conference of 9/29/2020.
2020-05-08
Petition for a writ of mandamus and/or prohibition filed. (Response due June 12, 2020)

Attorneys

Nina Shahin
Nina Shahin — Petitioner
The Honorable Charles W. Welch, III
Ryan T CostaDelaware Department of Justice, Respondent