No. 20-1227

David Louis Whitehead v. Netflix, Inc., et al.

Lower Court: Ninth Circuit
Docketed: 2021-03-05
Status: Denied
Type: Paid
Tags: circuit-court-procedure civil-procedure consolidation constitutional-rights due-process fraud judicial-jurisdiction judicial-recusal jurisdiction notice-of-appeal pro-se pro-se-litigation
Latest Conference: 2021-05-13
Question Presented (from Petition)

• Whether The 9™CIRCUIT COURT HAD FULL JURISDICTION OF
THE APPEAL, HAVING NO NOTICE OF APPEAL FILED By
PETITIONER IN THE Central DISTRICT COURT UNTIL 1 year
AND 6 MONTHS LATER, DECEMBER 7, 2020, AND THE CIRCUIT
Court ruled ADVERSELY on December 10, 2020.

• Whether The 9th Ctrcutt Court could assign the appeal 19-55 905
WHTTEHEAD V. NETFLTX, ET AL . , CASE PRTOR TO NOTICE OF APPEAL
BETNG FTLED WTTH THE DTSTRTCT COURT, MOUNTING TO FRAUD ON THE
COURT AND CONFUSION INVOLVING A PRO SE LTTTGANT AND THE COURTS .

• Whether the 9th Ctrcutt Court could decide on merits of case
AFTER THE NOTICE OF APPEAL FTLED WTTH DTSTRTCT COURT 1 YEAR AND
6 MONTHS LATER WITHOUT AFFORDING THE PRO SE LTTTGANT TO AMEND HTS
pleadings , Vacating the court's tainted earlier orders or
ASSIGNING A NEW CASE NUMBER MOUNTING TO FRAUD ON THE COURT AND
CONFUSION INVOLVING A PRO SE LTTTGANT.

• Whether the 9th Ctrcutt Court could consolidate the fraudalent
APPEAL 19-55905 WTTH THE ORIGINAL NOTICE OF APPEAL FTLED WTTH
THE DTSTRTCT COURT ON DECEMBER 7, 2020, WITHOUT VACATING
EARLIER ORDERS AND WITHOUT ASSIGNING A NEW CASE NUMBER TO THE
ORIGINAL FTLED NOTICE OF APPEAL : DECEMBER 7, 2020.

• Whether Dtstrtct Court and Magistrate Judges should be recused
DISQUALIFIED FROM THE CASE DUE TO HAVING BOTH PECUNIARY INTEREST
tn COMCAST Appellee , judicial btas and personal btas and
28 U.S.C. SECTION 455 A, Bl, B2, Interest tn thts case .
B3, B4.

• Whether the Magistrate Judge failed to recuse htmself tn a
TTMELY MANNER AFTER ADMITTING THAT HE WAS A PARTNER WTTH OPPOSING
counsel of MSK LLP (Mttchell Stlberberg & Knupp LLP) . The
court (Magistrate Etck ) was assigned case wtth Chtef Judge
Chrtsttna Snyder and then wtth Judge John F. Walter (Ruling
Court ) .

• Whether the Ctrcutt court's acts violates the petitioner 's
constitutional rights to fatr hearing (5th and 14th) amendments ) ,
lacking Jurisdiction over the case wtth no notice of appeal ftled
TN THE LOWER COURT PRTOR TO DECEMBER 7, 2020.

• Whether Dtstrtct Court Judge and Magistrate Judges should
recuse Themselves from Hollywood case holding pecuniary interest
tn Comcast AND AT&T appelleesand Hollywood lenders .

• Whether the Texas Judges should have ruled on their
RECUSALS INSTEAD OF TRANSFER OF CASE TO CENTRAL DISTRICT
COURT, HAVING NO WAIVERS. "

Question Presented (AI Summary)

Whether the 9th Circuit Court had full jurisdiction of the appeal, having no notice of appeal filed by petitioner in the District Court until 1 year and 6 months later

Docket Entries

2021-05-17
Petition DENIED. Justice Breyer took no part in the consideration or decision of this petition.
2021-04-21
DISTRIBUTED for Conference of 5/13/2021.
2021-01-29
Petition for a writ of certiorari filed. (Response due April 5, 2021)

Attorneys

David Louis Whitehead
David Louis Whitehead — Petitioner