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Christy Poon-Atkins v. Sammy M. Sappington, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-60467 · judgment January 10, 2022


Certiorari denied · October 3, 2022
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. Should the Defendants’ documented admis­ sions to speeding, as direct evidence, have not been reviewed by a jury, per Constitution Amendment VII, and due process?

  2. Should material evidence produced to the district court by the Plaintiff, with standing, be omitted in error by the clerk, from the district court’s facts reviewed for a judgment, as a matter of law, with genuine disputes unresolved?

  3. Should the extraneous influence of the clerk’s mistakes; oversights and omissions, which concealed the Plaintiffs material evidence submitted to the district court, be allowed to contribute to influencing judgment in this case, as deprivation of the Plaintiffs rights, per 42 U.S.C. Chap 21 § 1983 and by strict scrutiny?

  4. Did the district court properly not certify the Plaintiffs Constitutional question per the Federal Rules of Civil Procedure, Rule 5.1?

  5. Did the district court properly deny the Plain­ tiff an opportunity for a trial with a jury’s review of the facts and material evidence of the case?

  6. Was the district court’s fact finding proper to overlook the previous review and resolution of the Plaintiffs responses to the Defendants’ Requests for Admissions on August 24, 2020 [Doc. 95, 96, 97], as the Defendants’ failed to move regarding the sufficiency of the Plaintiffs responses, Rule 36(a)(6), as procedural missteps?

Counsel of record

For petitioner
Christy Poon-Atkins

For respondent
Scott Timothy Ellzey
Phelps Dunbar, LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Dec 05 2022
    Rehearing DENIED.
  2. Nov 09 2022
    DISTRIBUTED for Conference of 12/2/2022.
  3. Oct 28 2022
  4. Oct 03 2022
    Petition DENIED.
  5. Jun 15 2022
    DISTRIBUTED for Conference of 9/28/2022.
  6. Jun 09 2022
    Waiver of right of respondent Sammy M. Sappington, et al. to respond filed.
  7. Apr 01 2022
    Petition for a writ of certiorari filed. (Response due June 16, 2022)