No. 22-199

Barry J. Smith v. Community Care Inc., et al.

Lower Court: Seventh Circuit
Docketed: 2022-09-02
Status: Denied
Type: Paid
Response Waived
Tags: citizenship civil-procedure civil-rights due-process equal-protection fourteenth-amendment judicial-authority standing subject-matter-jurisdiction
Latest Conference: 2022-10-28
Question Presented (from Petition)

1. Is the first question to be answered by both the
district courts and the courts of appeals, when a civil
complaint is presented to them, whether they have
subject-matter jurisdiction, and when the answer is
NO, does either court have judicial authority to reach
the merits of the case and to grant any motion other
than pursuant to Fed. R. Civ. P. 12(h)(3) Lack of Subject-
Matter jurisdiction?

2. Is petitioner, who is a born in America Four
teenth Amendment citizen, who has been convicted of
a crime and sentenced to a Thirteenth Amendment
punishment of public/government enslavement, upon
payment in full of that judicially pronounced debt to
American society, restored to his status of Fourteenth
Amendment citizenship, which guarantees to him equal
protection of the law?

3. Do the due process of law clauses of the Fifth and
Fourteenth Amendments allow the federal judiciary
to bar petitioner out of federal civil court based solely
on his ethnicity, "Black descendant of American slaves ",
and his race, "American Negro "?

Question Presented (AI Summary)

Is the district court required to determine subject-matter jurisdiction before reaching the merits?

Docket Entries

2022-10-31
Petition DENIED.
2022-10-05
DISTRIBUTED for Conference of 10/28/2022.
2022-09-27
Waiver of right of respondent Community Care, Inc. to respond filed.
2022-09-22
Waiver of right of respondent Guardiantrac LLC d/b/a GT Independence to respond filed.
2022-08-31

Attorneys

Barry J. Smith
Barry J. Smith — Petitioner
Community Care, Inc.
Emily ConstatineHusch Blackwell LLP, Respondent
Guardiantrac LLC d/b/a GT Independence
Zachary Robert WillenbrinkGodfrey and Kahn, S.C., Respondent