No. 21-6072

Patsy N. Sakuma v. Association of Apartment Owners of the Tropics of Waikele, et al.

Lower Court: Ninth Circuit
Docketed: 2021-10-26
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-procedure civil-rights clause 2 for obstruction-of-justice due-process federal-jurisdiction standing judicial-foreclosure jurisdictional-issue pro-se section-1343 section-1985 sua-sponte
Key Terms:
SocialSecurity DueProcess Securities JusticiabilityDoctri
Latest Conference: 2022-03-04 (distributed 2 times)
Question Presented (from Petition)

Whether a putative claim under 42 U.S.C. §1985(2), clause 2 for obstruction of justice in a state proceeding, like state judicial foreclosure action, is jurisdictional, because of its special jurisdiction provision 28 U.S.C. §1343(a)(l), so that a federal court or judge must sua sponte raise it and/or if imperfectly raised by a plaintiff pro se who is also an attorney giving the federal court or judge actual notice before dismissing an action at the pleading stage?

Whether the Court will also accept a petition for writ of certiorari because the first question presented is very important and when it overlaps the federal and state claims that establish a new imperfectly raised putative §1985(2), clause 2 claim to resolve an intra-circuit split in the United States Court of Appeals for the Ninth Circuit between School District 1J Mutlnomah Cty, OR v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th Cir. 1993) and In re Glenfed Inc. Sec. Litig., 42 F.3d 1541, 1551 ( 9th Cir. 1994)(en banc) on the issue whether voluminous records is cause for a dismissal of an action at the pleading stage?

Question Presented (AI Summary)

Whether a putative claim under 42 U.S.C. §1985(2)

Docket Entries

2022-03-07
Rehearing DENIED.
2022-02-16
DISTRIBUTED for Conference of 3/4/2022.
2022-02-04
Petition for Rehearing filed.
2022-01-10
Petition DENIED.
2021-12-09
DISTRIBUTED for Conference of 1/7/2022.
2021-11-12
Waiver of right of respondents James S. Kometani to respond filed.
2021-11-05
Waiver of right of respondent First Hawaiian Bank to respond filed.
2021-08-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2021)

Attorneys

First Hawaiian Bank
Jonathan W.Y. LaiWatanabe Ing LLP, Respondent
James S. Kometani
Kimberly Tsumoto GuidryDepartment of the Attorney General, State of HI, Respondent
Patsy N. Sakuma
Patsy N. Sakuma — Petitioner