No. 21-1015

Angela Cao v. BSI Financial Services, Incorporated, et al.

Lower Court: Fifth Circuit
Docketed: 2022-01-19
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: civil-procedure due-process equal-protection issue-preclusion judicial-power separation-of-powers sua-sponte ultra-vires
Latest Conference: 2022-05-12 (distributed 2 times)
Question Presented (from Petition)

The Fifth Circuit vastly departed from the accepted and usual course of judicial proceedings and sanctioned the same by the lower court. Both the lower courts were asked and obligated yet refused to determine its jurisdiction and both acted beyond their authority. This raises an alarming question on whether there is institutional discrimination against pro se litigants or, on the other hand, whether there is considerable partiality towards a party that has egregiously committed fraud.

1. Whether the lower courts acted ultra vires and the judgments below are void.

2. Whether petitioner was deprived of her statutory right to appeal and whether her substantial rights to due process and equal protection were violated.

3. Whether the lower courts' orders constitute an expansion of judicial power beyond Article III, in violation of the separation of power doctrine.

4. Whether the lower courts' judgments are contrary to statute and precedents set by this Court and held in accordance by all other circuits.

5. Whether this case squarely presents the exigencies to provide litigants stronger due process protections when courts act sua sponte; a highly debated question touched but not yet resolved by this Court.

Question Presented (AI Summary)

Whether the lower courts acted ultra vires and the judgments below are void

Docket Entries

2022-05-16
Rehearing DENIED.
2022-04-26
DISTRIBUTED for Conference of 5/12/2022.
2022-04-14
2022-03-21
Petition DENIED.
2022-03-02
DISTRIBUTED for Conference of 3/18/2022.
2022-01-20
Waiver of right of respondents BSI Financial Services Inc., et al. to respond filed.
2022-01-11
Application (21A302) granted by Justice Alito extending the time to file until February 12, 2022.
2022-01-11
Petition for a writ of certiorari filed. (Response due February 18, 2022)
2021-12-30
Application (21A302) to extend the time to file a petition for a writ of certiorari from January 11, 2022 to February 12, 2022, submitted to Justice Alito.

Attorneys

Angela Cao
Angela Cao — Petitioner
BSI Financial Services Inc., et al.
Richard Dwayne DannerMcGlinchey Stafford PLLC, Respondent