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Joseph Sheely, et al. v. Harold R. Feezle, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 24-3852, 24-3880, 25-3342 · judgment November 5, 2025


Certiorari denied · March 2, 2026
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Issue I: Whether a district court’s imposition of an appeal bond for the expressed purpose of inhibiting appellants’ pursuit of their statutory right of appeal, by factoring speculative or legally prohibited costs into determining the bond amount contrary to F.R.A.P. 7, is reviewable on motion in the affected, pending appeal as an alternative to filing an entirely new appeal, where the 6th Circuit’s contrary reasoning creates both a split of authority among circuits and a dichotomy between the appellate rights of the wealthy and non-wealthy contrary to 5th and 14th Amendment equal protection principles. Issue II: Whether the 6th Circuit’s dismissal of Petitioners’ merits appeals for failure to file appeal bond, without providing Petitioners’ a reasonable opportunity to post bond after dismissing their separate bond appeal and denying reconsideration of their motions to eliminate bond, violated binding precedents and was predicated on specious reasoning. .

Counsel of record

For petitioner
Allan S. Falk
Allan Falk, PC

For respondent
Paul D. Clement
Clement & Murphy, PLLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 02 2026
    Petition DENIED.
  2. Feb 11 2026
    DISTRIBUTED for Conference of 2/27/2026.
  3. Feb 10 2026
    Waiver of right of respondent Harold R. Feezle, et al. to respond filed.
  4. Feb 10 2026
    Waiver of right of respondents Norfolk Southern Corporation; Norfolk Southern Railway Company to respond filed.
  5. Feb 02 2026
    Petition for a writ of certiorari filed. (Response due March 9, 2026)