No. 23-7422

Charles Talley, et al. v. Housing Authority of Cook County, et al.

Lower Court: Seventh Circuit
Docketed: 2024-05-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights due-process eviction-procedure hud-regulations preemption-doctrine standing supremacy-clause void-order
Latest Conference: 2024-09-30
Question Presented (from Petition)

1. Did the court's violate the Preemption Doctrine of the Supremacy Clause of the U.S. Constitution, in their failure to rule on disable Appellant's "MOTION TO RECALL MANDATE OF February 16, 2023 AND MOTION TO VACATE VOID ORDER UNDER 735 ILCS 5/2-1401 (F)." Where if void order were vacated, defendants Lee and Hart would have had to follow the rules prescribed by HUD in eviction of Appellants, which was required by law (C.F.R.). Thereby affording Appellants their constitutional rights to due process.

2. Was disable Appellants' right to trial by jury violated, where the 7th Circuit Court of Appeals overlooked Appellant's Original Brief and Appendix B-49 to B-53, which refuted the U.S. District Court's finding of documents attached to Appellant's Original Complaint, purporting the defendants had given Appellants moving papers, even though they had been vacated defendant Ford's letter of September 30, 2021. That is to say leaving a question of fact to be decided by a Jury. (See Appendix R and S)

3. Did the 7th Circuits Court of Appeals denial of liberal construance of disabled Appellant's proceedings, couple with abandonment of their attorney appointed to represent Appellants in the U.S. District Court, render the proceedings so fundamentally unfair, that it would warrant a vacation of the order, remand for appointment of attorney and further proceedings.

Question Presented (AI Summary)

Did the court's violate the Preemption Doctrine of the Supremacy Clause of the U.S. Constitution in their failure to rule on disabled Appellant's 'MOTION TO RECALL MANDATE OF February 17,2023 AND MOTION TO VACATE VOID ORDER UNDER 735 ILCS 5/2-1407 (F)'?

Docket Entries

2024-10-07
Petition DENIED.
2024-06-20
DISTRIBUTED for Conference of 9/30/2024.
2024-05-13
Waiver of right of respondent Housing Authority of Cook County Richard Monocchio, in his official capacity as Executive Director of Housing Authority of Cook County to respond filed.
2024-03-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 7, 2024)

Attorneys

Charles Talley, et al.
Charles Talley — Petitioner
Housing Authority of Cook County Richard Monocchio, in his official capacity as Executive Director of Housing Authority of Cook County
Allie M. BurnetBest Vanderlaan & Harrington, Respondent