No. 24-665

John W. Fink v. Kaydon A. Stanzione, et al.

Lower Court: Third Circuit
Docketed: 2024-12-19
Status: Denied
Type: Paid
Response Waived
Tags: due-process judicial-violations procedural-rules rule-60d summary-dismissal third-circuit
Latest Conference: 2025-02-21
Question Presented (from Petition)

Whether the Third Circuit deprive me of due process when, prior to any briefing in that current appellate case before it, the Third Circuit summarily concluded that my appellate case lacked any substantial questions even though I had previously shown the court that many existed?

Whether the underlying district court, which asserted it lacked jurisdiction over the Third Circuit opinions at issue in my complaint, failed to faithfully apply Rule 60(d) in a Rule 12(b)(6) proceeding and, thereby, deprived me of due process since a major portion of my complaint proffered deprivation-of-due-process allegations (along with supporting facts) as to those opinions and revealed them as void?

Whether the district court again deprive me of due process — it had done so five previous times — and the opportunity to be heard when it used those very same Third Circuit opinions to support its dismissal of my case, especially since that court (i) independently introduce its jurisdictional argument without first informing the parties of its intention to do so, (ii) relied on the jurisdictional argument to render its biased decision, and (iii) improperly barred me from arguing against its jurisdictional argument?

Question Presented (AI Summary)

Whether the Third Circuit and district court deprived the petitioner of due process by summarily dismissing his case and improperly applying procedural rules without addressing alleged judiciary violations

Docket Entries

2025-02-24
Petition DENIED.
2025-02-05
DISTRIBUTED for Conference of 2/21/2025.
2025-01-14
Waiver of right of respondent Johnson Controls Security Solutions, LLC to respond filed.
2025-01-02
Waiver of right of respondents Steven W. Davis and SUEZ WTS USA Inc. to respond filed.
2024-12-16

Attorneys

John W. Fink
John W. Fink — Petitioner
Johnson Controls Security Solutions, LLC
Eugene D KublanovskyKublanovsky Law, LLC, Respondent
Steven W. Davis and SUEZ WTS USA Inc.
Thomas James DonlonRobinson & Cole, LLP, Respondent