No. 19-7691

In Re Wilbert Norwood Starks

Lower Court: N/A
Docketed: 2020-02-18
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure-standing civil-rights constitutional-law due-process equal-protection free-speech patent standing statutory-interpretation takings
Latest Conference: 2020-04-17
Question Presented (from Petition)

1. WHETHER the County Court abused its Discretion and violated Due Process Under the
Fourteenth Amendment and Rule 13, Tex. Rule of Civil Procedure; and Chapter 10,
Tex. Civil Practice and Remedies Code in Awarding Sanction and Attorney Fees
against Petitioner, "WHERE THE COURT WAS WITHOUT AUTHORITY TO AWARD
THE SANCTION " And said Action was Frivolous, Unreasonable, without Foundation,
with "NO EVIDENCE " support. Further Constitute a Violation of Equal Protection
Clause.

2. WHETHER The County Court Abused its Discretion and Violated Due Process Under
the 14Th. Amend, where it Displayed deep-seated Favoritism or Antagonism toward
Respondent And Displayed Clear Evidence of Bias and Prejudice against Petitioner
During Proceeding That Recusal under 28 U.S.C. Sec. 455 (a & b) and Sec. 144 were
required. Such Source Factors made Fair Judgment Impossible and Unreliable
Requiring the Sanction to be Vacated And VOIDED. Because such Constituted a Violation
of the Equal Protection clause also.

3. WHETHER the County Court Grossly Abused its Discretion and violated Due Process
and Equal Protection Clauses of the Fourteenth Amendment when it assessed Sanction
and Attorney Fees Against Petitioner where the Court was without Jurisdiction under
Rule 13 and Chapter 10, In Violation of MANTRIV. BERGMAN, 153 S.W. 3d 715 (Tex.
App. 2005) and MARTIN V. Tex. Dept, of Family & Protective Servs. , 176 S.W. 3d 390
(Tex.App. 2004).

Question Presented (AI Summary)

Whether the lower court erred in its interpretation of the relevant civil-rights statutes and constitutional provisions

Docket Entries

2020-08-03
Rehearing DENIED.
2020-07-09
DISTRIBUTED.
2020-05-13
Petition for Rehearing filed.
2020-04-20
Petition DENIED.
2020-03-26
DISTRIBUTED for Conference of 4/17/2020.
2020-02-28
Waiver of right of respondents Jody Privett #1374, Arresting Police Officer to respond filed.
2020-02-11
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due March 19, 2020)

Attorneys

Jody Privett #1374, Arresting Police Officer
Robert Jacob DavisMatthews, Stein, Shiels, Pearce, Knott, Eden & Dav, Respondent
Wilbert Norwood Starks
Wilbert Norwood Starks — Petitioner