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

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 20-11908, 21-11719


Certiorari denied · June 5, 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 Court of Appeals has jurisdiction to review when finality is not reached in the District case as there is no formal written remand order in the District Court record for the new subsequent federal removal case based on the new evidence filed per 28 U.S.C. § 1443? Whether the Anti-Injunction Statute, 28 U.S.C. § 2283, has an exception to permit a federal court to enjoin a state court from proceeding in a federal removal case after compliance with removal statute 28 USC § 1446(d)?

Counsel of record

For petitioner
Usha Jain

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 05 2023
    Petition DENIED.
  2. May 16 2023
    DISTRIBUTED for Conference of 6/1/2023.
  3. Feb 17 2023
    Petition for a writ of certiorari before judgment filed. (Response due May 4, 2023)