No. 19-5896

Mitchell Dinnerstein v. Burlington County College

Lower Court: Third Circuit
Docketed: 2019-09-10
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-procedure civil-rights due-process first-amendment judicial-misconduct seventh-amendment summary-judgment trial
Key Terms:
DueProcess
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (from Petition)

The question's I am presenting to the court are, If the application of rule 56(d) is unreasonably used to quickly end a proceedings and denies a petitioner his rights to a trial. Does that violate the first and the seventh amendment? And if Rule 56 in its entirety is used unreasonable to end cases, does that also violate the first and seventh amendment? If a plaintive is locked out of his own trial and the judge relinquishes his responsibility to administer justice to the defense lawyer in a pro Se hearing, is that a violation of the first and seventh amendment? Also if a government lawyer or members of their justice department team acted as defense attorneys for a government agency, and that attorney became a judge in a case where the plaintiff was also the plaintiff when the judge was a lawyer, or members of his team acted as defense attorneys for the government. Should he sit on the case? If he has an interest in discrediting the plaintiff? And if that judge eliminates a vital piece of evidences that proves the plaintiffs case, to protect his own or associates reputation's and is unreasonable in applying rule 56, is that a violation of the first and seventh amendment. If the court assumes evidence to be truthful or knows a defense attorney has submitted false information and knowingly accepts it. Is that a violation under the first and seventh amendments? If the appellate court reviewing the case, makes a statement in their opinion that reinforces a negative stereotype without the evidence to prove it, is that a violation of the civil rights act of 1968? If the appellate court makes a statements that have little to no factual foundation in the evidence, but go from the assertions of the defense lawyer, is that a violation of the first and seventh amendments? If we are a nation of laws. And this court decides what the law is. In the interest of Justice Rule 56 should be clarified. Because as Justas Brennen said in his dissenting option when Rule 56 was adopted. It is confusing and it is going to be used every day, and I ad confusion makes it ripe for abuse. Abuse that will be crystal clear if all the evidence is reviewed.

Does the omission of evidence (the tape mentioned in my exhibit (X)) and other evidence I submitted constitute, denning me my right to due process. Does locking me out of the discovery process and ruling when it was still underway with relevant material of factual evidence in dispute violet my right to due proses?

Question Presented (AI Summary)

Whether the application of Rule 56(d) to quickly end proceedings and deny a petitioner's right to trial violates the First and Seventh Amendments

Docket Entries

2020-01-13
Rehearing DENIED.
2019-12-18
DISTRIBUTED for Conference of 1/10/2020.
2019-11-16
Petition for Rehearing filed.
2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-19
Reply of petitioner Mitchell Dinnerstein filed. (Distributed)
2019-10-08
Brief of respondent Burlington County College in opposition filed.
2019-08-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 10, 2019)

Attorneys

Burlington County College
Ralph R. Smith IIICapehart & Scatchard, P.A., Respondent
Mitchell Dinnerstein
Mitchell Dinnerstein — Petitioner