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Charles G. Kinney v. Michele R. Clark, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-55343, 16-55347 · 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 to cover-up acts by Justice Gutierrez, debtor Clark, and others who violated Janus and NIFLA by using new state court proceedings to circumvent bankruptcy law, "vexatious litigant" labels for a "listed" creditor, directly-inconsistent state rulings, attorney's fees and/or sanctions to punish an attorney (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 and/or others who did not adjudicate disputes, but acted as prosecutors under color of authority; and for repeat 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 (3 of 8) have "merit" because it challenged court rulings that violated federal law and a district court's refusal to rule? Did this 3 Judge panel abuse its discretion by ignoring Sec. 1983 federal civil rights violations and repeated violations of bankruptcy law?

Counsel of record

For petitioner
Charles G. Kinney

For respondent

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. Jul 18 2018
    Petition for a writ of certiorari filed. (Response due November 19, 2018)