No. 25A1116

Frederick Pina v. State Farm Mutual Automobile Insurance Company

Lower Court: Ninth Circuit
Docketed: 2026-04-10
Status: Denied
Type: A
Tags: access-to-courts appellate-contradiction case-transfer due-process-clause frivolous-claims vexatious-litigant
Latest Conference: N/A
Question Presented (from Petition)

I. Whether the Fifth Amendment's guarantee of due process of law is violated when two coordinate panels of the same Circuit Court of Appeals, reviewing the same Applicant's claims against the same Respondent arising from the same operative facts, issue irreconcilably contradictory orders—one expressly finding the claims "non-frivolous" and the other dismissing them as "frivolous"—without identifying any intervening change in law or distinguishing factual basis for the contradiction.

II. Whether the Due Process Clause of the Fifth Amendment and the guarantees of Article III, Section 1 of the Constitution are violated when federal district courts engage in a systematic pattern of transferring a litigant's case from court to court without ever adjudicating the merits of his claims or ruling upon his duly filed motions for entry of default under Federal Rule of Civil Procedure 55(a), thereby effecting an unconstitutional deprivation of his right of access to the courts.

III. Whether a Respondent's counsel commits fraud upon the court, cognizable under this Court's inherent supervisory authority, when counsel removes a case to a federal forum and within eight days seeks transfer out of that same forum as an improper venue, while simultaneously characterizing the Applicant as a "vexatious litigant" in a judicial communication that is adopted without adversarial proceedings.

Question Presented (AI Summary)

Whether the Fifth Amendment's Due Process Clause is violated when coordinate appellate panels issue irreconcilably contradictory rulings on identical claims without identifying intervening legal changes or factual distinctions, and whether systematic case transfers without merits adjudication constitute an unconstitutional deprivation of access to courts

Docket Entries

2026-04-10
Application (25A1116) denied by Justice Kagan.
2026-03-26
Application (25A1116) for a stay, submitted to Justice Kagan.

Attorneys

Frederick Pina
Frederick Pina — Petitioner