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Carol M. Kam v. John B. Peyton, Jr.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 21-10127 · judgment June 24, 2021


Certiorari denied · November 22, 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

Does the Rooker-Feldman Doctrine apply to two incomplete, illegal proposed State Court Rulings pro­ duced by a former Associate Judge who failed to obtain ' a sign-off of his rulings from the Judge of Record within 30 days of their creation, as required by State Law? Per four Texas Statutes, written at the level a fifth grader can comprehend, the Court is required to have signed off on the Orders. Two of these Statutes require the sign off within 30 days. After 7 years of “fumbling”, in 2020 Texas State Court System finally and formally ruled that the un­ signed proposed Peyton Jr. Orders were never final state rulings, are not now final State rulings, and con­ firmed that they can never be made final State Orders. The Rooker Feldman Doctrine is crystal clear that it can only be applied to FINAL State Orders. In fact the 7 year burden of illegal incomplete State Orders placed on me by Peyton Jr. actually represents a viola­ tion of my Civil Rights. The sole issue for this court to consider.is “Can the Rooker Feldman Doctrine” be applied to two incom­ plete illegal proposed instruments that are not and cannot be made into FINAL State Orders.

Counsel of record

For petitioner
Carol M. Kam

For respondent
Jason G. Schuette
Dallas County District Attorney's Office

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jan 10 2022
    Rehearing DENIED.
  2. Dec 22 2021
    DISTRIBUTED for Conference of 1/7/2022.
  3. Dec 09 2021
  4. Nov 22 2021
    Petition DENIED.
  5. Nov 02 2021
    DISTRIBUTED for Conference of 11/19/2021.
  6. Oct 19 2021
    Waiver of right of respondent John B. Peyton, Jr. to respond filed.
  7. Sep 22 2021
    Petition for a writ of certiorari filed. (Response due October 27, 2021)