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Usha Jain, et vir v. David Barker, et al.

Paid petition · District Court of Appeal of Florida, Fifth District, No. 5D21-791 · judgment January 11, 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.

Question presented

This case presents an important question of Federal statutes designed by Congress for minority citizens of color and ethnicity in the country to get fair and impartial justice for their federal rights by removing the case from the state court to the federal court per 28 USC § 1443. This case involves defying and defrauding Florida Statutes FS 57.105 and disobeying Congress’s Statutes (Federal Statutes of jurisdiction 28 U.S.C. §§ 1446 (d) and 1447 (c). This case is also important for violation of the due process rights of a naturalized minority doctor who was demanded to attend the hearing outside the noticed time without the valid receipt of the remand order while working on an emergency patient with multiple injuries, 14th Amendment to the Constitution of the United States of America (section one). 1. This Court should resolve the question of the law, whether the state court’s jurisdiction continues during the removal period and whether state court proceedings and order should be void which are entered during the removal period on a subsequent petition for removal, filed after a year on a different matter and on different grounds. Whether Judge can make an exception in following the express language of Federal Removal Statute 28 U.S.C. § 1446 (d) which explicitly states, that proceedings and orders entered by a state trial court during the removal period is "void". The question needs

Counsel of record

For petitioner
Usha Jain

For respondent

Case

Conference history
Distributed for 1 conference

Linked docket
21A724

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Sep 07 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Jul 18 2022
    Petition for a writ of certiorari filed. (Response due August 25, 2022)
  4. Jun 09 2022
    Application (21A724) granted by Justice Thomas extending the time to file until July 16, 2022.
  5. Jun 01 2022
    Application (21A724) to extend further the time from June 16, 2022 to July 16, 2022, submitted to Justice Thomas.
  6. May 16 2022
    Application (21A724) granted by Justice Thomas extending the time to file until June 16, 2022.
  7. May 05 2022
    Application (21A724) to extend the time to file a petition for a writ of certiorari from May 17, 2022 to July 16, 2022, submitted to Justice Thomas.