No. 23-263

Barry J. Smith, Sr. v. United States Congress, et al.

Lower Court: Seventh Circuit
Docketed: 2023-09-18
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: circuit-court-review civil-procedure due-process fourteenth-amendment judicial-authority rule-60(b)(4) standing subject-matter-jurisdiction thirteenth-amendment void-judgment
Latest Conference: 2024-01-05 (distributed 2 times)
Question Presented (from Petition)

1. Is there a time limit to file a Rule 60(b)(4) motion to vacate a judgment order as void for lack of subject-matter jurisdiction; after the trial court has ruled that it does not have subject-matter jurisdiction of the case, does it have judicial authority to grant a motion by defendant to bar petitioner out of court based on the merits of the complaint?

2. Is the standard of review de novo when a circuit court of appeals reviews a district court's denial of a Rule 60(b)(4) motion to vacate a judgment order as void for lack of subject-matter jurisdiction?

3. Is petitioner, who has been duly convicted of a crime under the Thirteenth Amendment and has completely paid the judicially pronounced punishment, a Thirteenth Amendment citizen who only has those rights the government chooses to grant him, or, is petitioner a Fourteenth Amendment citizen who is entitled to equal protection of America's laws?

Question Presented (AI Summary)

Is there a time limit to file a Rule 60(b)(4) motion to vacate a judgment order as void for lack of subject-matter jurisdiction

Docket Entries

2024-01-08
Rehearing DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2023-12-20
DISTRIBUTED for Conference of 1/5/2024.
2023-12-04
Petition for Rehearing filed.
2023-11-13
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2023-10-24
DISTRIBUTED for Conference of 11/9/2023.
2023-10-18
Waiver of right of respondent United States Congress to respond filed.
2023-09-27
Waiver of right of respondent Wisconsin Legislature to respond filed.
2023-09-12

Attorneys

Barry Smith
Barry J. Smith Sr. — Petitioner
United States Congress
Elizabeth B. PrelogarSolicitor General, Respondent
Wisconsin Legislature
Steven C. KilpatrickState of Wisconsin Department of Justice, Respondent