No. 23-5262

In Re Stephen Harmon

Lower Court: N/A
Docketed: 2023-08-01
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-procedure civil-rule civil-rule-60(b)(4) court-of-appeals due-process independent-action ninth-circuit original-action standing
Latest Conference: 2024-01-05 (distributed 2 times)
Question Presented (from Petition)

#1:
The United States Court of Appeals for the Ninth Circuit has entered a decision [Harmon y Houser-Case No.23-14-May 30,2023] that did_not addre ss or resolve the "Foundational Questio n" Presented to the Court in/thru~ an ORIGINAL and NEW INDEPENDANT ACTION pursuant toCCiv.Kule bO(h~J(d) [see Appendix Bj that a ask whether or not a as-Prose Petitioner "NEEDED" permissionfile into the District Court to address the CLAIM/Ground-Caus e the Court"s ' have never addressed Question that Courts Lackecf Personal and Subject Matter Jurisdiction for"NEVER"Determinin This Foundational QUESTION BASED IN PART ON THE COURT'S" never Complied with Statutory MANDATES use/application Seal and TesTe to obtain and Maintain Personal and Subject Matter Jurisdiction ^'BEFORE" addressing any other issues/claims/cause in and or on a Filing before a Court and to resolve the confussion of whether or not needed Appeals Court authorization for New Independant Action or is to file Directly into District Court . "NOT /g 2254 Tiling" This Court has the Stautory authority to Grant this Writ ant^^ this Petition "SHOWS" that the Writ (questions 1,2,3,) will be . aid in~and of the Court's Appellate Jurisdiction and that the exceptional circumstances warrants the exercise of the Court'sdiscretionary powers, and that adequate relief cannot be obtained in any other form or from any other court. Due inpart to Criminal Acts. (see Question #2/#3)

#2:
The. United States Courit of Appeals for the Ninth Circuit has entered a decision [Harmon v Houser No.23-14-May 30,2023 issued based off the conflict decision with this Court of [Ezell v U.S. 7/8 F.3d 762,/65-9th cir.2015J) IN CONFLICT WITH the Decision of this Court of United States Supreme Court [Nasarallah v Barr, 140 S.Ct.1683]; and so far departed from lawful accepted "Stautory Mandated "TEXT" of [28USCS§1691] and [28USCS§2244(b)(3)(d) and the "SPECIFIC" "LEGISLATIVE"""INTENT" (outlined in this Court's Decision of (Nasarallah v Barr) and Violation of "CONSTITUTIONAL 14th Amend.Due-Process as to call for tfela. Exercise"of this Courts Supervisory Powerr( Ty.

#3:
The United States Court of Appeals for the Ninth Circuit has entered a decision (Harmon v Houser, May 30,2023-Case No.23-14) that is in inviolation of FEDERAL STATUTE MANADATED "TEXT" of: (28USCS§1691) for a Court Officer(s) of the Court that includes Clerk of Court "to comply with" and "have not" "and" "is" "DEFINED" STATUTORLY in (18USCS§505) the S4§utory Mandated "TEXT 11 is j. crime when a Court "OFFICER" "does not" "comply with" and "SAME" Stautory Manadated " "TEXT

Question Presented (AI Summary)

Whether the Ninth Circuit erred in failing to address or resolve the 'Foundational Question' presented in an original and independent action under Civil Rule 60(b)(4)

Docket Entries

2024-01-08
Rehearing DENIED.
2023-12-13
DISTRIBUTED for Conference of 1/5/2024.
2023-10-05
Petition for Rehearing filed.
2023-10-02
Petition DENIED.
2023-08-17
DISTRIBUTED for Conference of 9/26/2023.
2023-08-15
Waiver of right of respondent State of Alaska to respond filed.
2023-07-25
Petition for a writ of mandamus and/or prohibition and motion for leave to proceed in forma pauperis filed. (Response due August 31, 2023)

Attorneys

In Re Stephen Harmon
Stephen Harmon — Petitioner
State of Alaska
Nancy Robin SimelOffice of Criminal Appeals, Respondent