Supreme Court of the United States · Official docket →
Jay Sandon Cooper v. Bank of New York Mellon, Trustee, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 16-11413 · judgment February 28, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Cooper was denied IFP status. The doctrine of res judicata was invoked by the biased magistrate judge, not defendants, although Cooper's house had never been sold to be actionable in a previous lawsuit. The Court shifted the burden to Cooper to brief the Court on res judicata and provide evidence of previous cases. Although Texas' statute of limitations voided defendants' lien and power of sale to enforce a lien on the property effective four-years after the June 9, 2006, acceleration of the maturity of the note, defendants sold Cooper's house on August 5, 2014. Cooper's lawsuit was dismissed depriving him of a day in court and due process. ISSUE 1: Is Cooper's appeal taken in good faith, arguable on its merits, and therefore, not frivolous? ISSUE 2: Has Cooper been deprived of due process under the Fifth Amendment?•
Counsel of record
For petitioner
Jay Sandon Cooper
For respondent
Michael R. Steinmark
Settle & Pou, P.C.
Proceedings
- Dec 10 2018Petition DENIED.
- Nov 20 2018DISTRIBUTED for Conference of 12/7/2018.
- Nov 06 2018Waiver of right of respondents Bank of New York Mellon, Trustee, et al. to respond filed.
- Jul 30 2018Petition for a writ of certiorari filed. (Response due November 13, 2018)
- May 11 2018Application (17A1245) granted by Justice Alito extending the time to file until July 30, 2018.
- May 07 2018Application (17A1245) to extend the time to file a petition for a writ of certiorari from May 29, 2018 to July 28, 2018, submitted to Justice Alito.