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Charles G. Kinney v. Tyson Takeuchi, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-56733 · judgment December 28, 2017


Certiorari denied · January 7, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

By simultaneously dismissing 8 of Kinney's pending appeals, did this 3 Judge panel abuse its discretion by violating Janus and NIFLA to cover-up acts by debtor Clark and her bankruptcy attorney Takeuchi who made false statements under oath on Clark's bankruptcy schedules to circumvent bankruptcy law, and to punish a listed creditor (an attorney who is now a pro se litigant) because of his "professional speech", so they joined forces to compel silence on "creditor" Kinney? Kinney's speech was "professional speech" (for his client or himself) to Judges who did not adjudicate disputes, but acted as prosecutors under color of authority; and ignored numerous violations of bankruptcy law in favor of Chapter 7 debtor Michele Clark who listed Kinney as a creditor and of other federal law (e.g. for refusals by courts to give "honest services" and correct inconsistencies in state and federal rulings; the court's failure to rule or withdraw; and/or Hobbs Act violations)? Was this dismissal an abuse of discretion by a panel acting as prosecutors under color of law? Did this appeal (5 of 8) have "merit" because it challenged numerous false statements made under oath in Clark's bankruptcy schedules by debtor Clark and by her attorney Takeuchi? Did this 3 Judge panel abuse its discretion by ignoring 42 U.S.C. Sec. 1983 federal civil rights violations to the detriment of a listed creditor and repeated violations of bankruptcy law?

Counsel of record

For petitioner
Charles G. Kinney

For respondent
Eric Chomsky

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 07 2019
    Petition DENIED.
  2. Dec 05 2018
    DISTRIBUTED for Conference of 1/4/2019.
  3. Nov 07 2018
    Waiver of right of respondent Tyson Takeuchi, et al. to respond filed.
  4. Jul 18 2018
    Petition for a writ of certiorari filed. (Response due November 19, 2018)