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Noel L. Smith v. Diane Smith Carusos

Paid petition · United States Court of Appeals for the Second Circuit, No. 18-1204 · judgment November 30, 2018


Certiorari denied · October 21, 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

Does a U.S. District Court have subject-matter jurisdiction to grant a motion that admittedly has never been served? Does a U.S. Court of Appeals have subjectmatter jurisdiction to grant an order without any rational ground or explanation? Does a U.S.D.C. have subject-matter jurisdiction to order that the proceeding be transferred to a state court after having determined that it should be to another federal court? Can a U.S.D.C. issue sua sponte a (remand) order after about 6 months have passed following the service of Notice of Removal in egregious violation of 28 U.S. Code § 1447(c) imposing the deadline of 30 days only? Can a U.S.D.C. fake on its order that there was a motion, while admittedly no motion had been served, hence existed, and grant it without any rational explanation, and call it a Remand Order to evade the appellate control of the U.S.C.A. under 28 U.S. Code § 1446(a)? Can a U.S.D.C. cheat on litigants by intentionally making conclusory or false findings of fact to reach unjust conclusions of law, and as such escape appellate control by higher courts being generally limited to correct application of legal principles? Can the U.S.D.C. and/or the USCA2 use King Henry VIII's Judicial Organized Crime method to commit felonies or injustice by FAKE orders under color of law?

Counsel of record

For petitioner
Noel L. Smith

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 21 2019
    Petition DENIED.
  2. Oct 02 2019
    DISTRIBUTED for Conference of 10/18/2019.
  3. Apr 11 2019
    Petition for a writ of certiorari filed. (Response due September 19, 2019)