No. 22-5228

William Paul Burch v. America's Servicing Company

Lower Court: Fifth Circuit
Docketed: 2022-07-29
Status: Denied
Type: IFP
Response WaivedIFP
Tags: article-iii-court civil-procedure federal-issue federal-jurisdiction jurisdictional-requirements removal removal-procedure service-of-process state-court state-court-removal state-issue
Latest Conference: 2022-09-28
Question Presented (from Petition)

Should removal from a state court to a federal court by a defendant only be allowed after the state court judge conducts a hearing to determine if the case is a state issue, federal issue, or both and remove the case if warranted?

If a case is removed to a Federal court, should it only be removed to an Article III court?

Are the state definitions for service of petition the criteria that the Federal courts must go by when a case is being removed from a state court?

Question Presented (AI Summary)

Should removal from a state court to a federal court by a defendant only be allowed after the state court judge conducts a hearing to determine if the case is a state issue, federal issue, or both and remove the case if warranted?

Docket Entries

2022-10-03
Petition DENIED.
2022-08-11
DISTRIBUTED for Conference of 9/28/2022.
2022-08-04
Waiver of right of respondent America's Servicing Company to respond filed.
2022-07-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 29, 2022)

Attorneys

America's Servicing Company
Thomas F. LooseLocke Lord LLP, Respondent
William Paul Burch
William Paul Burch — Petitioner