Wayne M. English v. Lowell T. Cage, as Trustee
1. Is this decision by the Fifth Circuit Court of Appeals in ruling that the Petitioner's appeal was untimely is in direct conflict with this court in Rosenthal and in the Third, Ninth, and Tenth Circuit Court of Appeals under the 'mailbox rule'.
2. Is the Federal common law doctrine under the 'mailbox rule' still in force giving litigants the expectation of the timely delivery of the mail?
3. Is the production of a USPS priority mail tracking report prima facie evidence of the movement and delivery of the U. S. mail to governmental facilities?
4. Is the failure of the clerk to timely file and docket pleadings fatal to the litigants' judicial proceedings?
Whether the Fifth Circuit's dismissal of the petitioner's appeal as untimely conflicts with the 'mailbox rule' established by this Court and other circuit courts