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Philip Emiabata, et ux. v. Bank of New York Trust Company, et al.

IFP petition · United States Court of Appeals for the Second Circuit, No. 23-7705 · judgment April 19, 2024


Certiorari denied · October 6, 2025

Questions presented

  1. Is judicial foreclosure pursuant to Texas extensive statutory procedure subject to 14th Amendment Due Process protection ?

  2. Can a court deny a Rule 59 (e) and Rule 60(b)(6)ETC., Motion that violates 5th Amendment Due Process protection ?

  3. Can court disregarded Excusable negligence, its supported Affidavit and issue an order in a manner that violates 5th Amendment Due Process protection.

  4. Can a court Reinstate a Complaint to Grant FRAP 2, on its own or a party's motion, a court of appeals may-to expedite its decision or for other good causeSuspend any provision of these rules in a particular case and order proceedings as it directs, except as otherwise provided in Rule 26(b), prior to a case being closed that was post-stamped timely filed with receipts on or before due date ?

  5. Can a court Reinstate a Complaint to Grant on its own or by a party's motion post stamped with receipts timely filed on or before due date ask for an additional extension of time, to request, clarify or apply FRAP 30. (I)(B) - (C)(1) - (2) (A) - FRAP.

  6. Can a court deny a Motion To Reinstate a Complaint to set aside and vacate nonfrivolous complaint on a void judgment under FRAP 60(b)(4) ?

  7. Can a court deny a Motion To Reinstate a Complaint to set aside and vacate nonfrivolous complaint in violation of the 5th Amendment Due Process protection ?

  8. Can a court deny a Motion To Reinstate a Complaint to set aside and vacate nonfrivolous complaint in violation of the 5th Amendment Due Process protection on a void judgment under FRAP 60(b)(4) that has no -statute of limitations on filings a complaint based upon Fraud, Perjury or Fraud upon the court ? til

Counsel of record

For petitioner
Philip Emiabata

For respondent
Laura Fraher
Barclay Damon LLP

Case

Subject area
Due Process (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 6, 2025 · Certiorari denied

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Jul 24 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jul 07 2025
    Brief of respondent JPMorgan Chase Bank, N.A. in opposition filed.
  4. Jul 16 2024
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 7, 2025)