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Mark Anthony Jenkins v. Timothy O'Rourke, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-30112 · judgment January 10, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
The federal district and circuit courts failed to conduct a de novo review and incorrectly denied jurisdiction to this 42 U.S.C.* sec. 1983 lawsuit. It complains of the conspiracy of a state appellate judge to protect the Department of Child and Family Services, and the ADA representing it in juvenile court, from liability for negligence or fraud. The appellate judge was alerted to the trial set in juvenile court against DCFS and the payee, and he directed payee’s attorney and the juvenile court judge to pretend that the district court had already decided the issue. The judge refused to rule, and the attorney presented the issue to the court of appeal on a writ application due to be filed from a unrelated district court judgment.
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Whether the federal fifth circuit erred in not reviewing de novo this independent action and in dismissing it under the Rooker-Feldman doctrine?
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Whether the federal courts should have found the 2015 state appellate-court judgment was made without subject matter jurisdiction, and is void ah initio) and by a I conspiracy to prevent a stipulation in juvenile court from being considered in deciding the legal paternity issue.
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Whether the Louisiana Fifth Circuit’s 2017 affirmation of the granting of exceptions of no cause of action and res judicata and dismissal with prejudice of the petition to nullify the 2015 judgment bars this complaint from federal district court jurisdiction under the Rooker-Feldman doctrine: and whether the void ah initio exception to Rooker Feldman is necessary and proper?
Counsel of record
For petitioner
Mark Anthony Jenkins
For respondent
Darren Anthony Allemand
Jefferson Parish District Attorney's Office
Case
Conference history
Distributed for 2 conferences
Linked docket
20M23
Proceedings
- Dec 14 2020Petition DENIED.
- Nov 24 2020DISTRIBUTED for Conference of 12/11/2020.
- Nov 12 2020Reply of petitioner Mark Anthony Jenkins filed.
- Nov 04 2020Waiver of right of respondent Barron Burmaster to respond filed.
- Nov 04 2020Brief of respondent Timothy O'Rourke in opposition filed.
- Oct 21 2020Waiver of right of respondent Kristyl Threadway to respond filed.
- Oct 05 2020Motion (20M23) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
- Sep 09 2020MOTION (20M23) DISTRIBUTED for Conference of 9/29/2020.
- Jul 17 2020Motion (20M23) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
- Jul 17 2020Petition for a writ of certiorari filed. (Response due November 4, 2020)