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Delaney E. Smith, Jr. v. County of Los Angeles, California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-55351 · judgment October 25, 2019


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

  1. Whether Ninth Circuit Court of Appeals forfeited subject matter jurisdiction to make rulings when Court failed and then refused to file Notice of Appeal served on district court on 1/4/19 in response to 12/11/18 district court’s ruling because if filed the NOA had raised the issue of “contradictory rulings within the same Appellate Court thereby pursuant to Rutters Appellate Court Procedure automatically invoke the “en banc panel which then refused to rule in the absence of a NOA on Appellate court docket?

  2. Plaintiff is a Federal Plaintiff who was denied a hearing for purpose of entering default against removing parties in both state and federal courts after case was remanded pursuant to 28 USC sec 1447(c), but federal order to remand never filed at state court because it was hidden from default window clerks by Los Angeles County defendants who also served as Court Counsel for Los Angeles Superior Court with free access to court records?

  3. Whether federal court district court judge’s ruling on 12/11/18 was rendered “null and void” because he lacked any arguable basis for subject matter jurisdiction to deny federal plaintiff s 5th Amendment Constitutional l.

Counsel of record

For petitioner
Delaney E. Smith Jr.

For respondent

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 14 2020
    Rehearing DENIED.
  2. Nov 24 2020
    DISTRIBUTED for Conference of 12/11/2020.
  3. Oct 26 2020
    Petition for Rehearing filed.
  4. Oct 05 2020
    Petition DENIED.
  5. Sep 09 2020
    DISTRIBUTED for Conference of 9/29/2020.
  6. Jun 15 2020
    Petition for a writ of certiorari filed. (Response due August 24, 2020)