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John W. Fink v. J. Philip Kirchner, et al.
Paid petition · United States Court of Appeals for the Third Circuit, No. 17-1170 · judgment May 4, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
I am requesting the U.S. Supreme Court, the court of last resort, to review this petition even though it focuses on various types of judicial errors an area - this court usually does not address by a district - court when it granted summary judgment under Federal Rule of Civil Procedure 56. In this instance, the errors such as the court independently - introducing grounds and alleged undisputed facts without prior notification (5 examples presented below) are so numerous (14 examples in total - presented below), fundamental and pervasive so as to constitute overwhelming proof that the lower courts improperly denied me of my constitutional right to trial by jury. In addition, the district court ignored grounds and evidence supporting my claims, as well as ignored the Respondents' own contradictory statements and testimony. The court of appeals affirmed the district court's decision "[f]or substantially the reasons provided by the District Court." (App. p. 9a.) Its brief, oneparagraph analysis consists solely of quotes from the district court opinion. Therefore, the questions for this court are as follows: • Because of the numerous, fundamental and pervasive errors and omissions committed by the district court, and because the court of appeals affirmed the district court's decision for substantially the same reasons, did the court of appeals abdicated its responsibility to
Counsel of record
For petitioner
John W. Fink
For respondent
Christopher James Carey
McElroy, Deutsch, Mulvaney & Carpenter, LLP
Case
Conference history
Distributed for 2 conferences
Proceedings
- Feb 19 2019Rehearing DENIED.
- Jan 09 2019DISTRIBUTED for Conference of 2/15/2019.
- Dec 28 2018Petition for Rehearing filed.
- Dec 03 2018Petition DENIED.
- Nov 07 2018DISTRIBUTED for Conference of 11/30/2018.
- Nov 01 2018Reply of petitioner John Fink filed.
- Oct 23 2018Brief of respondents J. Kirchner, et al. in opposition filed.
- Sep 20 2018Petition for a writ of certiorari filed. (Response due October 29, 2018)