No. 22-962

Usha Jain, et vir v. David Barker, et al.

Lower Court: Eleventh Circuit
Docketed: 2023-04-04
Status: Denied
Type: Paid
Tags: 28-usc-1443 anti-injunction-statute appellate-jurisdiction civil-procedure federal-jurisdiction federal-removal finality jurisdictional-challenge remand removal statutory-interpretation
Latest Conference: 2023-06-01
Question Presented (from Petition)

Whether the Court of Appeals has jurisdiction to review when finality is
not reached in the District case as there is no formal written remand order in
the District Court record for the new subsequent federal removal case based
on the new evidence filed per 28 U.S.C. § 1443?

Whether the Anti-Injunction Statute, 28 U.S.C. § 2283, has an exception to
permit a federal court to enjoin a state court from proceeding in a federal
removal case after compliance with removal statute 28 USC § 1446(d)?

Question Presented (AI Summary)

Whether the Court of Appeals has jurisdiction to review when finality is not reached in the District case as there is no formal written remand order in the District Court record for the new subsequent federal removal case based on the new evidence filed per 28 U.S.C. § 1443?

Docket Entries

2023-06-05
Petition DENIED.
2023-05-16
DISTRIBUTED for Conference of 6/1/2023.
2023-02-17
Petition for a writ of certiorari before judgment filed. (Response due May 4, 2023)
PetitionAppendixCertificate of Word CountProof of ServicePetitionAppendixCertificate of Word CountProof of Service

Attorneys

Usha Jain, et al.
Usha Jain — Petitioner