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Robert Walker, et al. v. Barry S. Mittelberg, et al.

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 21-10205 · judgment October 25, 2022


Certiorari denied · October 2, 2023
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

Whether the 11th Circuit Court of Appeals exercised its discretion in err by not “safeguarding not only ongoing proceedings, but potential future proceedings,” Klay, 376 F.3d at 1099, as well as to “protect or effectuate” their prior orders and judgments as to a “Moot” Mandate made in conflict with judicial over reach in abuse and premature when it presided over the Barry S Mittelberg, Barry Steven Mittelberg and BARRY S MITTELBERG P.A., untimely Proof of claims that were forfeited through judicial estoppel “proverbial strangers” when he filed a Bankruptcy petition and did not disclose the Petitioner’s real and personal Property on his asset and schedules and is he entitle to receive “any relief’ without pleading and defending while under the 11th Circuit Court of Appellate Review in conflict with 11 U.S.C. §521 Section 1306, Section 541(a)(7), and Bankruptcy Rule 1007 citing Martineau v. Wier, 934 F.3d 385 (4th Cir. 2019), Coastal Plains, 179 F.3d 197 (5th Cir. 1999) and US Bankruptcy Court of Florida Southern Division Local Rule 2090-l(D)(E), in err citing Erickson v. Pardus, 551 U.S. 89, 94 (2007), Neidich v. Salas 783 F.3d 1215, 1216 (11th Cir. 2015) and Chanbers v. NASCO, Inc, 501 U.S. 32, 45 (1991),.

Counsel of record

For petitioner
Robert L. Walker

For respondent

Case

Conference history
Distributed for 1 conference

Linked docket
22A429

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Jul 26 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. Feb 13 2023
    Petition for a writ of certiorari filed. (Response due July 7, 2023)
  4. Nov 15 2022
    Application (22A429) granted by Justice Thomas extending the time to file until February 14, 2023.
  5. Nov 11 2022
    Application (22A429) to extend the time to file a petition for a writ of certiorari from January 23, 2023 to February 14, 2023, submitted to Justice Thomas.