Appellate Circuit

Another Percolating Motion Sits With the Circuit Court

Appellants, Joanna Burke and John Burke (“Burkes”), now file a Motion seeking leave to be exempt from filing paper copies due to COVID-19.

LIT UPDATE

Order in 11 February, 2021 from the Fifth Circuit: Motion denied as moot. The Court printed the Reply Brief.

LIT COMMENTARY

A response from the Fifth Circuit on motions such as these are historically turned around within 24-72 hrs, if not same day.

Here, the motion has been percolating for 11 days and we summize it may percolate all the way to the issuance of the opinion of the Court.

Why? Because the courts request for paper copies during a pandemic and based on current fatalities and surge in new cases of covid, is really a main argument as to why the case on appeal should not have been dismissed by Judge Hittner either.

In other words, the court has put itself in a similar scenario, and that doesn’t look good, on any level. However, courts rarely wish to accept they are wrong, so they will wait until they can discard the motion as “moot” or similar.

No. 20-20209

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

JOANNA BURKE; JOHN BURKE

Plaintiffs-Appellants,

v.

MARK DANIEL HOPKINS; SHELLEY HOPKINS; HOPKINS LAW, P.L.L.C.

Defendants-Appellees.

On Appeal from the United States District Court

For the Southern District of Texas, Houston Division;

USDC No. 4:18-CV-4543

APPELLANTS MOTION SEEKING LEAVE TO BE EXEMPT FROM FILING PAPER COPIES

Joanna Burke
46 Kingwood Greens Dr
Kingwood, Texas 77339
Telephone: (281) 812-9591
Fax: (866) 805-0576
John Burke
46 Kingwood Greens Dr
Kingwood, Texas 77339
Telephone: (281) 812-9591
Fax: (866) 805-0576

Pro Se Appellants

Appellants, Joanna Burke and John Burke (“Burkes”), now file a Motion  seeking leave to be exempt from filing paper copies as instructed by order of this court on 7th January, 2021, Document: 00515697829. Appellants attach individual affidavits detailing the reasons for this exemption.

Conclusion

Appellants Joanna & John Burke respectfully request that the Court grant Appellants Motion.

Respectfully submitted,

DATED: January 8, 2021

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Another Percolating Motion Sits With the Circuit Court
1 Comment

1 Comment

  1. Anonymous

    February 2, 2021 at 4:51 pm

    I’m referring all of these links to the Department of Justice and to the White House.

    The Federal Government should come in and investigate the Texas State Bar for Civil Rights Violations under the color of law.

    Why has the Texas State Bar not disciplined Ken Paxton? He should be suspended by the Texas State Bar

    This would be a major class action lawsuit against the Texas State Bar.

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