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Elhadj A. M. Souare v. Elizabeth Tiltscher

IFP petition · Court of Appeals of Ohio, Summit County, No. 31516 · judgment February 11, 2026


Pending

Question presented

I. Whether the Due Process Clause of the Fourteenth Amendment permits a state court to adopt a magistrate's decision immediately upon issuance — eliminating any practical opportunity to object before adoption — and then treat objections filed within the state-created fourteen-day objection period as procedurally forfeited. II. Whether appellate affirmance of a custody determination affecting fundamental parental rights violates due process when based on an incomplete record after timely requested transcripts were not produced before appellate review. III. Whether due process is violated when a state appellate court affirms deprivation of fundamental parental rights based on a factual finding — that no objections were filed — that is directly contradicted by the official trial court docket. IV. Whether a documented conflict between the Eighth and Ninth Ohio Appellate Districts regarding notice requirements following same-day adoption of magistrate decisions results in non-uniform protection of federal due process rights under the Fourteenth Amendment.

Counsel of record

For petitioner
Elhadj A. M. Souare

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Sep 03 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Apr 29 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 17, 2026)