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James Coppedge, et ux. v. Janet Z. Charlton

Paid petition · United States Court of Appeals for the Third Circuit, No. 19-3384 · judgment March 24, 2020


Certiorari denied · October 5, 2020
Pre-decision estimate: 0% cert probability

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

Questions presented

The questions presented for review are:

  1. Whether the District Court review of the facial sufficiency of 42 USC § 1983 and § 1985 complaint below, Respondent’s failure to state a claim within the meaning of 28 U.S.C. § 1291 ignored the requirements of FRCP Rule 12( c ) holding that “judgment will be granted if the pleadings demonstrate that the moving party is entitled to judgment as a matter of law.” [See Mixon v. Ohio, 193 F.3d 389, 400 (6the Cir.1999). —immediately appealable collateral order; resulting in the failure to dismiss the case for the lack of both personal and subject matter jurisdiction, pursuant to FRCP Rule 12b(6)(l)(2)].

  2. Whether the Third Circuit Court’s review of the facial sufficiency of 15 U.S.C. § 1692(g) of the Fair Debt Collection Act complaint below ignored enforcing verification of the requirements of full disclosure, pursuant to Title 9 § 1,4. (False Claims), [ UCC 3- 309(a)(l)(2), “If the NOTE was sold or transferred, the BANK lost its right to foreclosure.!”]

  3. Whether the Third Circuit Court review of the facial sufficiency of U.S. CONSTITUTION ARTICLE 1, § 10 complaint below ignored requirement of lower ' -V court demand payment of debts-at-law with silver and/or gold, when Congress suspended ARTICLE 1 § 10—due to U.S. Bankruptcy—and replaced it with “credit” and “Promissory Notes,” pursuant to FUR-192 of June 5,1933 failed to honor Secured Party Mortgage settlements^ P.L. 73-10(48) Stat 112-113, U.C.C. 3-603, 3-604][See MAYARD MEHL v. JOHNH. NORTON, No. 31,338...]

  4. Whether the District Court in the complaint below ignored Secured Party’s Affidavit of Default and Dishonor against Respondent and denied, [Dailey v. R. &J. Commercial Contracting, 2002 WL 484988, at* 3 (S.D. Ohio 2002)(error for clerk to enter requested judgment involving punitive damages).]

Counsel of record

For petitioner
James Coppedge

For respondent
Janet Charlton
McCabe Weisbert & Conway, LLC

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 07 2020
    Rehearing DENIED.
  2. Nov 10 2020
    DISTRIBUTED for Conference of 12/4/2020.
  3. Oct 15 2020
    Petition for Rehearing filed.
  4. Oct 05 2020
    Petition DENIED.
  5. Jul 29 2020
    DISTRIBUTED for Conference of 9/29/2020.
  6. Jul 15 2020
    Waiver of right of respondent Janet Z. Charlton to respond filed.
  7. May 16 2020
    Petition for a writ of certiorari filed. (Response due July 24, 2020)