No. 21-6299

Daryl Cook v. City of Philadelphia, Pennsylvania, et al.

Lower Court: Third Circuit
Docketed: 2021-11-16
Status: Denied
Type: IFP
IFP
Tags: civil-procedure civil-rights collusion conspiracy conspiracy-prosecution constitutional-rights due-process legislative-immunity political-association prosecutorial-discretion standing
Key Terms:
DueProcess
Latest Conference: 2022-01-14
Question Presented (from Petition)

Whether the procedure due process violations described in Petitioner's federal Complaint caused the settlement in the state court to be void AB INITIO and/or not a bar to Petitioner's independent constitutional claims, especially Jacqueline F. Allen and Amanda C. Shoffel he confinc between them without Petitioner present when Respondent Allen purportedly advised Respondent Shoffel that default was entered, and subsequently, Respondent Shoffel filed a "Petition t ueni Rut = show Cavse and without serving Petitioner with a copy of the Petition, and thereafter, Respondent Allen entered an Ond catinganpeing he dtault junt against the t maining Defendant Defendant Detective Gregory Rodden and Lieutenant Dean, without issving a Rule to Show Cause Onder as of course upon the fiting of the Petitin to Open Judgment as requined by the mandate set forthin Philadelphia Civil Rule No.206.4() caused the Order racating and opening the default judgments and tho Settlement

Question Presented (AI Summary)

Whether the procedure due process violation, a federal complaint caused the settlement of the state court to be void ab initio and whether petitioner's independent constitutional claims, especially the collusion and/or conspiracy between respondents Jacqueline Allen and Amanda C. Shoffner at the conference between them about the matter present when respondent Allen purportedly advised respondent Shoffner that petitioner was entitled to, and subsequently, respondent Shoffner refused to allow petitioner to file a motion to show cause and 'about' serving the petition and settlement, respondent Allen erred against the only state remaining defendants, namely, defendant Deborah Gregory Raden and Lieutenant Dean, without serving a rule to show cause order as of course in the filing of the petition as required by the mandatory set forth in 42 Pa.C.S.A. 206.94 and Pennsylvania Rule of Civil Procedure No. 206.4, which caused the general recusal of the entire panel to adjudicate a civil judgment fee and settlement void ab initio

Docket Entries

2022-01-18
Petition DENIED.
2021-12-30
DISTRIBUTED for Conference of 1/14/2022.
2021-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 16, 2021)

Attorneys

Daryl Cook
Daryl Cook — Petitioner