No. 20-847

Billie Renee Frances Lillian Powers v. The Bank of New York Mellon, fka Bank of New York, et al.

Lower Court: Ninth Circuit
Docketed: 2020-12-23
Status: Denied
Type: Paid
Response Waived
Tags: appellate-procedure civil-rights constitutional-rights due-process equal-protection judicial-fairness ninth-circuit pro-se pro-se-litigation summary-affirmance supervisory-authority
Latest Conference: 2021-02-19
Question Presented (from Petition)

I. Whether this Court should exercise its supervisory authority to issue the Writ of Certiorari to the Ninth Circuit Court of Appeals ("Circuit Court") because Petitioner relied on the forms and instructions of the Circuit Court provided to pro se litigants and, as a result of using the forms and following the instructions, the District Court's Order was summarily affirmed.

II. Whether the Circuit Court denied the pro se Petitioner Due Process of Law and, to the extent applicable, Equal Protection of the Laws under the Fifth Amendment to the Constitution of the United States by inviting pro se litigants to file Informal Briefs, providing the forms for Informal Briefs and instructing, for the Informal Opening Brief, "You may refer to cases and statutes, but you are not required to do so", and then affirming the District Court based on "[her] utter failure to provide any legal support or argument."

Question Presented (AI Summary)

Whether the pro se petitioner was denied due process and equal protection by the circuit court's treatment of informal briefs

Docket Entries

2021-02-22
Petition DENIED.
2021-01-27
DISTRIBUTED for Conference of 2/19/2021.
2021-01-22
Waiver of right of respondent Commonwealth Land Title Company to respond filed.
2021-01-06
Waiver of right of respondents The Bank of New York Mellon, as Trustee, on behalf of the Holder of the Alternative Loan Trust 2007-HY9 Mortgage Pass, et al. to respond filed.
2021-01-04
Waiver of right of respondents Bank of America, N.A., Jon Secrist, and Nichole Thomas to respond filed.
2020-12-19
Petition for a writ of certiorari filed. (Response due January 22, 2021)

Attorneys

Bank of America, N.A., Jon Secrist, and Nichole Thomas
Kerry William FranichSeverson & Werson, Respondent
Billie Renee Frances Lillian Powers
Wendy Alison Nora — Petitioner
Commonwealth Land Title Company
Kevin S. SinclairSinclair Braun, LLP, Respondent
The Bank of New York Mellon, as Trustee, on behalf of the Holder of the Alternative Loan Trust 2007-HY9 Mortgage Pass, et al.
Steven M DaileyKUTAK ROCK LLP, Respondent