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Charles G. Kinney v. State Bar of California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-16689 · judgment December 28, 2017


Certiorari denied · November 13, 2018
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 these same 3 Judges on a Ninth Circuit panel abuse their discretion by covering-up acts by courts and the State Bar that violated Janus and NIFLA? Those courts used "vexatious litigant" and "puppet" labels, directlyinconsistent rulings, and threats of sanctions and disbarment (since attorneys must join the State Bar and pay dues via agency-based fees) to punish an attorney (who is now a pro se litigant) because he was unwilling to agree with Bar positions that subsidized private third parties and their political agenda as to how an attorney or pro se litigant must behave as to "professional speech" for his clients or himself; as to judges who do not adjudicate disputes but instead act as prosecutors of him under color of authority; and as to ongoing violations of law [e.g. violations of bankruptcy law in favor of debtor Clark who listed Kinney as a creditor; ADA violations near his Los Angeles house; CWA violations near his Laguna Beach house, and failures to provide "honest services"]. Did these courts abuse their discretion when acting as prosecutors under color of authority? Did this appeal (1 of 8) have "merit" because it challenged anti-competitive acts by a unified Bar which adversely affected interstate commerce? Did these courts abuse their discretion by ignoring repetitive and ongoing 42 U.S.C. Sec. 1983 violations of Kinney's federal civil rights?

Counsel of record

For petitioner
Charles G. Kinney

For respondent
Robert G. Retana
The State Bar of California

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 13 2018
    Petition DENIED.
  2. Oct 24 2018
    DISTRIBUTED for Conference of 11/9/2018.
  3. Oct 19 2018
    Waiver of right of respondent The State Bar of California to respond filed.
  4. Jul 18 2018
    Petition for a writ of certiorari filed. (Response due November 19, 2018)