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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

Conference history
Distributed for 1 conference

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)