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Ruth McLean v. 800 DC, LLC, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 20-1230 · judgment January 13, 2021


Certiorari denied · October 4, 2021
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

Ruth Thompson el- McLean, the Petitioner, requests this Petition for Writ of Certiorari be granted given the salient issues of a Sui juris litigant objecting to the application of the Rooker-Feldman Doctrine where there was fraud within the process and a violation of the due process notice requirement. Under the Rooker-Feldman doctrine, federal district courts lack jurisdiction to hear cases seeking review of judgments issued by state courts. In this case, the purported foreign state-court judgment was rendered without service and without given the Petitioner the opportunity to defend her interest in the suit, in a jurisdiction that originally lacked personal jurisdiction. The underlying judgment was obtained by fraudulent measures. The question presented, on which the circuits are split, is: Whether the Rooker-Feldman doctrine applies when the underlying state-court judgment is void ab initio. Petitioner respectfully petitions for a writ of certiorari to review the judgment and decision of the District Court and the Court of Appeals for the Third Circuit. The Petition is ripe and the Court must address the issues as to entering decision's that departed from the accepted and usual course of judicial proceedings, as to call for an exercise of this Court's supervisory power. An injustice has occurred and the remedy provided is unconscionable based upon the circumstance regarding the standard thereof. I. WHETHER THE DISTRICT COURT CASE AND APPEAL WERE WRONGFULLY DISMISSED UNDER THE ROOKER-FELDMAN DOCTRINE WHEN THE ORIGINAL FOREIGN JUDGMENT WAS VOID AND FRAUDULENTLY RENDERED IN VIOLATION OF PETITIONER’S DUE PROCESS THEREBY CREATING A CONFLICT AMONG THE CIRCUIT COURTS AS TO THE APPLICATION OF THE DOCTRINE AND CONTRARY TO THE SPIRIT OF THE DOCTRINE?

Counsel of record

For petitioner
Ruth McLean

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Jun 23 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Apr 29 2021
    Petition for a writ of certiorari filed. (Response due June 7, 2021)