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Elhadj Alpha Mahmoud Souare v. Diana R. Guzzo

IFP petition · Court of Appeals of Ohio, Summit County, No. 31505 · judgment December 10, 2025


Pending

Questions presented

  1. Whether the Fourteenth Amendment's Due Process Clause permits a state court to dismiss an appeal as untimely where state law makes clerk service of judgment the jurisdictional trigger for appeal, yet the clerk failed to provide the notice required by Ohio Civ.R. 58(B) and Ohio App.R. 4(A)(3).

  2. Whether due process is violated when a litigant is denied appellate review because of the State's own procedural failure to provide notice, thereby creating the type of procedural deprivation prohibited by Logan v. Zimmerman Brush Co., 455 U.S. 422 (1982).

  3. Whether the entry of judgment by a retired judge whose assignment authority does not appear in the public record — while the same court subsequently obtained a documented Certificate of Assignment for a different judge in the same case — raises a substantial federal due process question concerning adjudicatory authority and lawful tribunal authorization under Lucia v. SEC, 585 U.S. 237 (2018), and Caperton v. A.T. Massey Coal Co., 556 U.S. 868 (2009).

Counsel of record

For petitioner
Elhadj Alpha Mahmoud Souare

For respondent
—

Case

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

Conference history
—

Proceedings

  1. May 07 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 5, 2026)