No. 21-5331

Zachary R. E. Rusk v. Fidelity Brokerage Services

Lower Court: Tenth Circuit
Docketed: 2021-08-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-court-review civil-procedure due-process judicial-interference judicial-procedure jurisdictional-challenge rule-11 rule-11-motion rule-60-motion standing timeliness
Latest Conference: 2021-10-15
Question Presented (from Petition)

1. Did the 1 Oth circuit apply the law incorrectly?

2. Did the 1 Oth Circuit fail to consider evidence and pleadings that show that Petitioner did present all necessary information for a favorable decision?

3. Did the 1 Oth Circuit and US District Court of Utah 's judges interfere with this case by delaying purposefully and making false statements?

4. Is there an issue with the ability of Petitioner to be timely in his Rule 11 motion?

5. Was jurisdiction lost as to the US District Court to consider a rule 11 motion within the time frame which is allegedly required, when Rusk filed his original rule 60 motion, and appealed to the USSSC and then the I Oth Circuit as directed by this court?

6. Did these courts unduly delay and cause the issue with timelines to occur through judicial interference?

Question Presented (AI Summary)

Did the 10th circuit apply the law incorrectly?

Docket Entries

2021-10-18
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. Justice Gorsuch took no part in the consideration or decision of this motion and this petition.
2021-09-30
DISTRIBUTED for Conference of 10/15/2021.
2021-09-27
Waiver of right of respondent Fidelity Brokerage Services, LLC to respond filed.
Main Document
2021-09-15
Response to motion to extend the time to file a response from petitioner Zachary R.E. Rusk received.
Main Document
2021-09-13
Motion to extend the time to file a response is granted and the time is extended to and including October 12, 2021. See Rule 30.1.
2021-09-07
Motion to extend the time to file a response from September 10, 2021 to October 11, 2021, submitted to The Clerk.
Main Document
2021-07-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 10, 2021)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Fidelity Brokerage Services, LLC
Jason D. Boren — Ballard Spahr, LLP, Respondent
Zachary R.E. Rusk
Zachary R. E. Rusk — Petitioner