LIT COMMENTARY
JULY 7, 2021
If you’ve not been following the Burkes’ petition for rehearing en banc, we now summarize from the article update on June 21, 2021 wherein the Fifth Circuit’s New Bias 3-Panel, including the Chief of Mischief Judge Priscilla Owen, denied the Burkes motion for reconsideration.
The Burkes filed two new motions. The first, a motion to stay the case (June 28, 2021) in light of the US Supreme Court decision in Yellen and related cases pending at the 5th Circuit, and more recently a motion to disqualify Chief Judge Priscilla Owen and her hand-picked panel.
The recusal motion was originally filed on July 1, 2021 but rejected due to an incorrect event allocation on Friday afternoon (2 July). The Burkes refiled on 3 July and clerk acceptance at the 5th Circuit is still pending at time of publishing this article.
The Burkes also sought relief by requesting that the opinion dated 30 March 2021 was void and that the case should be reviewed and decided by a new 3-panel, outwith the Fifth Circuit e.g. by another Circuit, with the exception of the Eleventh Circuit.
On Tuesday, June 29, 2021 the Fifth Circuit issued the following letter with enclosures, all backdated to April 13, 2021….
Tom, it’s been a while. How’s Ken? Still waitin’ to pack his shorts n tees for your getaway? He’s been lurkin’ around Florida way past his exit date.
We wanted to ask you about Forrest. No not Gump. Your Partner did a runner from @goodwinlaw after this case? Why? pic.twitter.com/tGD9SvrNex
— LawsInTexas (@lawsintexasusa) July 6, 2021
CONFUSING LETTER FROM 5TH CIRCUIT BACKDATING THE BURKES MAY PETITION FOR REHEARING EN BANC TO APRIL 2021
June 29, 2021
Ms. Joanna Burke
46 Kingwood Greens Drive
Kingwood, TX 77339
Mr. John Burke
46 Kingwood Greens Drive
Kingwood, TX 77339
No. 19-20267 Burke v. Ocwen Loan Servicing
USDC No. 4:18-CV-4544
Dear Ms. Burke, Mr. Burke,
The following pertains to your rehearing electronically filed on April 13, 2021.
As we have been unable to determine if the proposed petition for rehearing en banc was sent by email or not, we have uploaded the May 17, 2021 document as “proposed sufficient petition for rehearing en banc” to the April 13, 2021 event.
However, the proposed rehearing remains insufficient as it still does not include a copy of the court’s opinion, see 5th Cir. R. 40.1 and 5th Cir. R. 35.2.10.
We have updated the deadline for returning the sufficient rehearing en banc to July 9, 2021.
As previously instructed, once you have prepared your sufficient rehearing, you must email it to: Jann_Wynne@ca5.uscourts.gov for review.
If the rehearing is in compliance, you will receive a notice of docket activity advising you that the sufficient rehearing has been filed. Please title the document “Sufficient Petition for Rehearing En Banc”.
Sincerely,
LYLE W. CAYCE, Clerk
By:
Rebecca L. Leto,
Deputy Clerk
504-310-7703
cc: Mr. Mark D. Hopkins
Ms. Shelley Luan Hopkins
Presumptive bias occurs when a judge (3) “has the dual role of investigating and adjudicating disputes and complaints.” Buntion v Quarterman (5th Cir. 2008)
Owen decided the related judicial complaint against Hittner, then assigned herself to a new panel https://t.co/iBJ4ZC1lrv pic.twitter.com/zdlH9mkvOe
— LawsInTexas (@lawsintexasusa) July 5, 2021
COMBINED CA5 ORDER WITH 2 COPIES OF PETITIONS (WITH DIFFERENT DOCUMENT NUMBERS) REFLECTING BACKDATING TO APRIL AND COPY COURT LETTERS
“Judge Bybee stated that this could be very difficult for little folks; Mr. Byron responded that a pro se letter could be treated as a petition.”
See p. 14, Minutes of the Fall 2020 Meeting of the Advisory Committee on the Appellate Rules October 20, 2020.
General Docket United States Court of Appeals for the Fifth Circuit |
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General Docket United States Court of Appeals for the Fifth Circuit |
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