No. 21-1437

Carol M. Kam v. Dallas County, Texas, et al.

Lower Court: Fifth Circuit
Docketed: 2022-05-13
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights due-process judicial-conduct judicial-misconduct non-final-orders probate-court rooker-feldman-doctrine standing state-court-orders state-court-ruling
Latest Conference: 2022-09-28
Question Presented (from Petition)

Can the Rooker-Feldman Doctrine apply to two incomplete, non final, non court approved proposed State Court Rulings produced by a former Associate Judge who failed to obtain a sign-off of his rulings from the Judge of Record as required by State Law? Per four Texas Statutes, written at the level a fifth grader can comprehend, the Court is required to have signed off on the Orders. Two of these Statutes require the sign off within 30 days. After 7 years of "fumbling", in 2020, Texas State Court System admitted their earlier error and formally ruled that the unsigned proposed Peyton Jr. Orders were never final state rulings, are not now final State rulings, and confirmed that they can never be made final State Orders.

The Rooker Feldman Doctrine is crystal clear that it can only be applied when FINAL State Orders are present. In fact the 7 year burden of illegal incomplete State Orders placed on me by Peyton Jr., an employee of Dallas County and former non elected Associate Judge in a state created Probate Court actually represents a violation of my Civil Rights.

The sole issue for this court to consider is "Can the Rooker-Feldman Doctrine" be applied when there are FINAL State Orders.

For the record Associate Judge Peyton Jr. never had approval from the court to preside over either hearing AND he was removed a few years after he presided over my hearings as the State of Texas Commission on Judicial conduct has deemed him to be incompetent.

Question Presented (AI Summary)

Can the Rooker-Feldman Doctrine apply to non-final state court rulings?

Docket Entries

2022-10-03
Petition DENIED.
2022-09-16
Supplemental brief of petitioner Carol Kam filed. (Distributed)
2022-06-22
DISTRIBUTED for Conference of 9/28/2022.
2022-06-01
Waiver of right of respondent Dallas County, Texas to respond filed.
2022-05-10
Petition for a writ of certiorari filed. (Response due June 13, 2022)

Attorneys

Carol Kam
Carol M. Kam — Petitioner
Dallas County, Texas
Jason G. SchuetteDallas County District Attorney's Office, Respondent