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Billie Renee Frances Lillian Powers v. The Bank of New York Mellon, fka Bank of New York, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-55013 · judgment July 22, 2020


Certiorari denied · February 22, 2021
Pre-decision estimate: 1% cert probability

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

Question presented

I. Whether this Court should exercise its supervisory authority to issue the Writ of Certiorari to the Ninth Circuit Court of Appeals (“Circuit Court”) because Petitioner relied on the forms and instructions of the Circuit Court provided to pro se litigants and, as a result of using the forms and following the instructions, the District Court’s Order was summarily affirmed. II. Whether the Circuit Court denied the pro se Petitioner Due Process of Law and, to the extent applicable, Equal Protection of the Laws 1 under the Fifth Amendment to the Constitution of the United States by inviting pro se litigants to file Informal Briefs, providing the forms for Informal Briefs and instructing, for the Informal Opening Brief, AYou may refer to cases and statutes, but you are not required to do so@, and then affirming the District Court based on A[her] utter failure to provide any legal support or argument.@ 1 The Equal Protection Clause of the Fourteenth Amendment may be applied in federal jurisdiction under the Due Process Clause of the Fifth Amendment to the Constitution of the United States as implicitly included or by reverse incorporation.

Counsel of record

For petitioner
Wendy Alison Nora

For respondent
Steven M Dailey
Kutak Rock LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 22 2021
    Petition DENIED.
  2. Jan 27 2021
    DISTRIBUTED for Conference of 2/19/2021.
  3. Jan 22 2021
    Waiver of right of respondent Commonwealth Land Title Company to respond filed.
  4. Jan 06 2021
    Waiver of right of respondents The Bank of New York Mellon, as Trustee, on behalf of the Holder of the Alternative Loan Trust 2007-HY9 Mortgage Pass, et al. to respond filed.
  5. Jan 04 2021
    Waiver of right of respondents Bank of America, N.A., Jon Secrist, and Nichole Thomas to respond filed.
  6. Dec 19 2020
    Petition for a writ of certiorari filed. (Response due January 22, 2021)