procedural-defect

27 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-6895 Herbert Lavonne Wiggins v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-03-31 Denied IFP factual-findings judicial-review legal-standard newly-discovered-evidence procedural-defect writ-of-certiorari (1) Whew did the law pass, Saying the courts do Hot have to ad; udicate the Mercts oa a writ? (2) How Can a court refuse to adjudicate on the ments a…
24-5907 Aisha Wright v. Transportation Communication Union/IAM Fifth Circuit 2024-11-04 Denied IFP circuit-split habeas-corpus judicial-discretion preclusion-principles procedural-defect rule-60b Plaintiff, was represented by an attorney, Staci Childs. Staci Childs had the responsibility according to the United States District & Bankruptcy Cour…
24-5357 Peter Mule v. Tim Hooper, Warden Fifth Circuit 2024-08-21 Denied Relisted (2)IFP federal-rules-civil-procedure judicial-review jurisdiction procedural-defect subject-matter-jurisdiction void-judgment When a Court lacks jurisdiction of the cause and action, or exercises improper jurisdiction, is the judgment void FRCVP 60(b)(4)?
24-65 Tony Ping Yew, as Executor of the Estate of John Y. Wei v. Matthew J. Platkin, Attorney General of New Jersey, et al. Third Circuit 2024-07-19 Denied civil-procedure civil-procedure-rule-60b en-banc-review federal-jurisdiction judicial-immunity procedural-defect rooker-feldman-doctrine sovereign-immunity summary-judgment void-judgment The very act of invoking judicial, sovereign immunity and Rooker-Feldman to dismiss may have violated Fed. R. Civ. P. 60(b)(4) where a void judgment m…
23-7641 Steven Vernon Bixby v. Bryan P. Stirling, Commissioner, South Carolina Department of Corrections, et al. Fourth Circuit 2024-06-05 Denied IFP counsel-abandonment federal-procedure habeas-corpus ineffective-assistance procedural-defect rule-60b Whether there is any remedy under Rule 60(b) for functional abandonment by counsel in a federal habeas proceeding, or whether there is no remedy for e…
23-1245 David Timothy Johnson, Sr. v. Urvashi Foster, et al. Eleventh Circuit 2024-05-28 Denied Response Waived abuse-of-discretion appellate-review civil-rights due-process judicial-discretion judicial-power jurisdiction pro-se-litigation procedural-defect shotgun-pleading Whether, United States Court of Appeals for the Eleventh Circuit, questioned Orders amounts to unlawful denial of due process; an oppressive exercise …
23A629 Henry Eugene Gossage v. Reality Homes, Inc., et al. Washington 2024-01-09 Presumed Complete certiorari-petition court-procedure extension-of-time pro-se-filing procedural-defect supreme-court-rules Question not identified.
22-1086 Tatyana Evgenievna Drevaleva v. Department of Veteran Affairs, et al. Tenth Circuit 2023-05-08 Denied Response Waived appeals civil-procedure court-authority due-process federal-courts federal-rules-civil-procedure jurisdiction procedural-defect service-of-process standing summons-requirements 1) Did both the U.S. District Courts for the Northern District of California (Judge Alsup) and the U.S. District Court for the District of New Mexico …
22-5844 Benjee Nicolas v. Florida Eleventh Circuit 2022-10-14 Denied Relisted (2)IFP case-review civil-procedure collateral-attack constitutional-provisions court-jurisdiction due-process judgment judgment-vulnerability legal-procedure procedural-defect statutory-provisions IF PROCEDURE HAD BEEN FOLLOWED, WOULD THE ALLEGATIONS HAVE RENDERED THE JUDGMENT VULNERABLE TO COLLATERAL ATTACK?
22-5045 Shaheed Scott, Sr., aka Rodney L. Scott v. California Department of Corrections and Rehabilitation, et al. Ninth Circuit 2022-07-06 Denied IFP certificate-of-appealability civil-rights confinement-challenge due-process early-release habeas-corpus parole parole-hearing procedural-defect Did the Ninth Circuit Court properly deny habeas petition where petitioner made substantial showing requirement at -least- described a burden that the…
21-7336 Karsten O. Allen v. J. Mayo, et al. Fourth Circuit 2022-03-10 Denied IFP civil-rights constitutional-claim due-process good-time-credits liberty-interest prison-conditions prisoner-litigation pro-se pro-se-litigant procedural-defect state-created-rights virginia-department-of-corrections Aug-S-h'flio -1! bfie.5 4W. lar\quQq£_ af \f\iqiAifi% Cir\A he.jtof-l'in^ hi Chcccd-ians /tyj&rol.'nc} 1 faced j/js tzdab jikh a .s-hs-k - cxpcArd ld…
21-5909 Sands Cooper v. Advanced Internet Automation, LLC, et al. Virginia 2021-10-06 Denied Relisted (2)IFP attorney-misconduct civil-procedure evidence evidence-tampering false-document federal-rule-of-civil-procedure-60(b) judicial-misconduct pro-se procedural-defect workers-compensation 1. Should the defendant be awarded for criminally entering a false document that was used by the Court's Officer as evidence as a result of attorney m…
21-481 Betty R. Shipley v. Helping Hands Therapy, et al. Eleventh Circuit 2021-09-30 Denied appellate-jurisdiction civil-procedure federal-courts jurisdiction notice-of-removal procedural-defect remand removal reply statutory-authority Whether the court of appeals has jurisdiction to review an order remanding a case to state court based on a procedural defect, when the plaintiff file…
20-7791 Shalamar Carmon v. Eric Armel, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2021-04-16 Denied IFP 14th-amendment 6th-amendment constitutional-rights criminal-homicide due-process fourteenth-amendment procedural-defect sixth-amendment specific-offense vague-statement (1) Was Petitioner denied due process of law, in violation of the 6th amend. of the U.S.Const., on the grounds that the information he was confronted …
20-7763 Brian David Hill v. Virginia Virginia 2021-04-15 Denied IFP actual-innocence constitutional-rights cruel-and-unusual-punishment due-process habeas-corpus indecent-exposure procedural-defect state-custody supervised-release Where the Virginia Supreme Court didn't think that the Petition for Writ of Habeas Corpus should apply to the case of Brian David Hill being convicted…
20-6875 Jason Pierce v. Nathan Brooks, Warden Eleventh Circuit 2021-01-14 Denied Response WaivedIFP certificate-of-appealability court-appointed-counsel criminal-procedure death-penalty faretta-protocol habeas-corpus ineffective-assistance ineffective-assistance-of-counsel procedural-defect structural-defect Did the United States Court of Appeals for the Eleventh Circuit err in filing to issue a Certificate of Appealability from the denial of the Petition …
20-764 Mark E. O'Brien v. U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust Connecticut 2020-12-03 Denied due-process foreclosure foreclosure-procedure judicial-notice loan-servicer mortgage-note new-evidence procedural-defect standing standing-challenge testimony Were the Defendants ' due process rights violated when they were not given notice of the foreclosure proceeding? Were the Defendants ' due process ri…
20-6312 Abdul Azeem Mohammed v. Jorge L. Alonso, District Judge, et al. Seventh Circuit 2020-11-13 Denied IFP civil-procedure civil-rights court-authority due-process judicial-discretion judicial-immunity legal-procedure procedural-defect standing subject-matter-jurisdiction whether a judge has judicial immunity when he/or she presides over a case upon which he/she has no subject matter jurisdiction whatsoever.
19-7874 Jackie Dewayne Andrews v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-03-04 Denied IFP civil-procedure constitutional-provisions district-court-jurisdiction due-process federal-court federal-jurisdiction federal-proceedings habeas-corpus habeas-proceedings integrity-of-proceedings judicial-review jurisdiction procedural-defect rule-60(b) rule-60b DOES THE DISTRICT COURT HAVE JURISDICTION TO CONSIDER A RULE 60 (b) MOTION IN HABEAS PROCEEDINGS SO LONG AS THE MOTION ATTACKS NOT THE SUBSTANCE OF TH…
19-5990 David Alan Vogel v. United States Fifth Circuit 2019-09-18 GVR Relisted (2)IFP appellate-jurisdiction appellate-procedure circuit-court-jurisdiction circuit-court-split civil-procedure due-process judicial-review jurisdiction notice-of-appeal procedural-defect right-to-appeal standing supreme-court supreme-court-precedent By Denying the Petitioner the right to appeal based on a minor defect in his NOTICE OF APPEAL, did the Fifth Circuit Court of Appeals conflict with th…
18-9265 Juan Ramon Meza Segundo v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-05-14 Denied IFP aedpa capital-case circuit-split extraordinary-circumstances federal-habeas federal-habeas-proceedings federal-procedure gonzalez-v-crosby habeas-corpus merits-review procedural-defect rule-60(b) rule-60b section-3599 1. Does a district court's denial of Section 3599 representation services under the wrong legal standard constitute a defect in the integrity of the p…
18-8746 Tatyana E. Drevaleva v. California Department of Industrial Relations, Division of Labor Standards Enforcement California 2019-04-09 Denied IFP abandonment-of-appeal appeal appeal-dismissal attorney-signature civil-procedure civil-procedure-defects defendant-identification due-process electronic-service motion-to-dismiss party-identification procedural-defect service-of-process standing Shall the Court of Appeal grant Defendants' Motion to Dismiss an Appeal if Defendants improperly served the Plaintiff with this Motion, and they maile…
18-7821 Darryl Mixon v. Mississippi Mississippi 2019-02-07 Denied Response WaivedIFP actual-innocence civil-procedure criminal-conviction criminal-procedure due-process eighth-amendment formal-complaint jurisdiction jurisdiction-over-persons jurisdiction-over-subject-matter procedural-defect sentencing standing subject-matter WHETHER THE TRIAL COURT LACKED JURISDICTION OVER THE PERSONS AND THE SUBJECT MATTER OF THIS CAUSE, IN ABSENCE OF A SIGNED FORMAL COMPLAINT? WHETHER M…
18-6002 David Librace v. Deborah Helton Wright, et al. Eighth Circuit 2018-09-17 Denied IFP appeal civil-procedure civil-rights due-process eighth-circuit federal-jurisdiction legal-notice procedural-defect remand service-of-process standing summary-judgment The Lower Court erred when act over~ 4 aq Symmery Wdomert ™ winch Resend ents A Hornt y Vyle Sten knew fhe Semmens Se dsement WLS [s5ved 15 led Let…
18-5703 Joshua D. Blair v. Virginia Department of Corrections Fourth Circuit 2018-08-22 Denied IFP appeals arbitrary-and-capricious civil-procedure civil-rights due-process jurisdiction martinez-v-ryan procedural-defect standing Question not identified.
18-5568 Carline Curry v. City of Mansfield, Ohio, et al. Ohio 2018-08-13 Denied Response WaivedRelisted (2)IFP bad-faith civil-procedure civil-rights constitutional-provisions court-procedure due-process judicial-discretion jurisdiction jurisdictional-challenge opinions-below patent procedural-defect standing summary-judgment takings The Ohio Supreme Court declined to accept Jurisdiction of the Appeal: The Judge closed plaintiffs Curry's cases for not being 100% perfected, and deni…
18-5294 Herbert Pridgen v. United States Fourth Circuit 2018-07-20 Denied Response WaivedIFP adjudication appeal appellate-procedure appellate-review circuit-court-error civil-procedure criminal-procedure due-process ineffective-assistance-of-counsel insufficient-judgment judicial-review jurisdiction legal-adjudication procedural-defect sentencing 1. Did the Circuit Court error in its opinion when it failed to properly address the four issues raised on appeal for adjudication giving a insufficen…