In re: Brian Troy Woltz
| In re: BRIAN TROY WOLTZ, Grantee, Grantor/Settlor, Beneficiary, Orator |
| KAI N. SCOTT, LINDSAY P. GARRELS, Esq., Counsel for Complainant, SUSAN GOOD, Complainant, JESSICA L. VANDERKAM, Esq., Counsel for Complainant and LARRY GOOD, Complainant |
| 24-3282 |
| December 10, 2024 |
| U.S. Court of Appeals, Third Circuit |
| Other |
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Filing 20
ORDER (SHWARTZ, MATEY and CHUNG, Circuit Judges) Petitioners mandamus petition, as supplemented, is dismissed in part and denied in part. To the extent that the petition seeks an order directing the District Court to grant Petitioners motion to proceed in forma pauperis and rule on his Comprehensive Complaint and Petition for Extraordinary Relief: Writ of Quo Warranto, Sanctions, Disqualification, and Declar[a]tory Judgement [sic] (hereinafter Complaint), that part of the petition is dismissed as moot in view of the District Courts order entered December 16, 2024, in Case No. 2:24-cv-06296. See Blanciak v. Allegheny Ludlum Corp., 77 F.3d 690, 698-99 (3d Cir. 1996). To the extent that the petition seeks an order directing the District Court to review the amended version of Petitioners Complaint, that part of the petition is dismissed as moot in view of the District Courts order entered December 20, 2024, in Case No. 2:24-cv-06702. See id. To the extent that the petition otherwise seeks mandamus relief, that part of the petition is denied, for Petitioner has not met the standard for this extraordinary relief. See Hollingsworth v. Perry, 558 U.S. 183, 190 (2010) (per curiam). To the extent that Petitioner seeks any other relief from this Court in this mandamus case, that relief is denied, too. Petitioners appeal filed in Case No. 2:24-cv-06702 on December 23, 2024, has been docketed at C.A. No. 24-3369 and will proceed separately from this mandamus case. Panel No.: BLD-053. Shwartz, Authoring Judge. (LMR) [Entered: 01/10/2025 11:18 AM]
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| Filing 19 ECF FILER: SUPPLEMENTAL SUPPLEMENTAL AFFDAVIT FOR CORRECTION filed by Petitioner Brian Troy Woltz. Certificate of Service dated 12/27/2024. Service made by ECF. [24-3282] (BTW) [Entered: 12/27/2024 12:02 PM] |
| Filing 18 CLERK'S OFFICE QUALITY CONTROL MESSAGE: Entry #17 ERROR: DOCKETED IN WRONNG CASE CORRECTION: Deleted DOCUMENT THIS MESSAGE IS FOR INFORMATIONAL PURPOSES ONLY. (AMR) [Entered: 12/27/2024 11:19 AM] |
| Filing 17 Docket In ERROR (AMR) [Entered: 12/27/2024 11:14 AM] |
| Filing 16 ECF FILER: SUPPLEMENTAL SUPPLEMENTAL NOTICE OF INTEGRATION filed by Petitioner Brian Troy Woltz. Certificate of Service dated 12/26/2024. Service made by ECF. [24-3282] (BTW) [Entered: 12/26/2024 04:30 AM] |
| Filing 15 ECF FILER: Notice of Errata filed by Petitioner Brian Troy Woltz. Certificate of Service dated 12/23/2024. Service made by ECF. [24-3282] (BTW) [Entered: 12/23/2024 06:27 AM] |
| Filing 14 ECF FILER: Supplemental Notice of Filing filed by Petitioner Brian Troy Woltz. Certificate of Service dated 12/23/2024. Service made by ECF. [24-3282] (BTW) [Entered: 12/23/2024 06:06 AM] |
| Filing 13 ECF FILER: Supplemental Notice of Filing filed by Petitioner Brian Troy Woltz. Certificate of Service dated 12/23/2024. Service made by ECF. [24-3282] (BTW) [Entered: 12/23/2024 05:59 AM] |
| Filing 12 ECF FILER: Motion filed by Petitioner Brian Troy Woltz to expedite emergency extraordinary. relief Petition for Writ of Mandamus for federal oversight. Certificate of Service dated 12/18/2024. Service made by ECF. [24-3282] (BTW) [Entered: 12/19/2024 12:00 AM] |
| Filing 11 ECF FILER: Motion filed by Petitioner Brian Troy Woltz to expedite and esclate relief. Certificate of Service dated 12/18/2024. Service made by ECF. [24-3282] TO (BTW) [Entered: 12/18/2024 06:23 PM] |
| Filing 10 ECF FILER: SUPPLEMENTAL SUPPLEMENTAL EMERGENCY NOTICE AND REQUEST FOR IMMEDIATE INTERVENTION filed by Petitioner Brian Troy Woltz. Certificate of Service dated 12/17/2024. Service made by ECF. [24-3282] (BTW) [Entered: 12/17/2024 12:38 PM] |
| Filing 9 ECF FILER: SUPPLEMENTAL NOTICE OF SUPPLEMENTAL FILING filed by Petitioner Brian Troy Woltz. Certificate of Service dated 12/14/2024. Service made by ECF. [24-3282] (BTW) [Entered: 12/14/2024 11:59 PM] |
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Filing 8
ORDER (Clerk) The foregoing motion is granted. The Court may reconsider in forma pauperis status or request additional information at any time during the course of these proceedings. (LMR) [Entered: 12/13/2024 11:03 AM]
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| Filing 7 ECF FILER: SUPPLEMENTAL URGENT EMERGENCY REQUEST FOR IMMEDIATE INTERVENTION filed by Respondents Lindsay P. Garrels, Esq., Larry Good, Susan Good, Jessica L. Vanderkam, Esq. and Petitioner Brian Troy Woltz. Certificate of Service dated 12/13/2024. Service made by ECF. [24-3282] (BTW) [Entered: 12/13/2024 06:04 AM] |
| Filing 6 ECF FILER: CORRECTED Motion filed by Petitioner Brian Troy Woltz for leave to proceed In Forma Pauperis. Certificate of Service dated 12/12/2024. Service made by ECF. [24-3282] (BTW) [Entered: 12/12/2024 06:31 PM] |
| Filing 5 Document from Petitioner Titled "Notice of Filing for All Jurisdictions". Received electronically on 12/06/2024. Service made by ECF. (GCH) [Entered: 12/10/2024 10:08 AM] |
| Filing 4 Document from Petitioner Titled "Civil Cover Sheet". Received electronically on 12/06/2024. Service made by ECF.--[Edited 12/10/2024 by GCH] (GCH) [Entered: 12/10/2024 10:05 AM] |
| Filing 3 NONCOMPLIANCE Order sent to Petitioner Brian Troy Woltz. The IFP motion submitted with the mandamus petition was not sufficiently complete for the Court to rule on at this time. It did not include a complete affidavit of poverty in the form prescribed by the Federal Rules of Appellate Procedure. A six-page form affidavit is available on the Court's website. The petitioner filled out and submitted only two of those pages. A complete affidavit must be filed, or payment of the $600 docketing fee made, within fourteen (14) days of this order. Additionally, the petitioner must serve the petition on each party to the proceeding in the trial court (or on counsel for each party), and provide a copy of the petition for writ of mandamus to the District Court judge. See Fed. R. App. P. 21(a)(1). Electronically filing this petition did not serve the petition on the other parties or the District Court judge. A person e-filing an original proceeding must separately serve all respondents in accordance with Federal Rule of Appellate Procedure 25(c). See Clerk's Notice to ECF Filers [That] CM/ECF Is Now Accepting Original Proceedings Submissions (June 4, 2020) ("Filers are required to comply with service of the filing in accordance with FRAP 25 prior to submitting an Original Proceeding through CM/ECF."). A certificate of service reflecting that the petition has been served must be submitted to the Court of Appeals within fourteen (14) days of this order. See Fed. R. App. P. 21, 25. The petition will not be submitted to the Court until the docketing fee or IFP motion and the certificate of service are received. See Fed. R. App. P. 21(a)(3). If they are not received by the deadline, the petition may be dismissed without further notice. See 3d Cir. L.A.R. 107.1, 107.2. Compliance due 12/24/2024. (GCH) [Entered: 12/10/2024 10:01 AM] |
| Filing 2 MOTION filed by Petitioner Brian Woltz to Proceed In Forma Pauperis. Received electronically on 12/06/2024. Service made by ECF. (GCH) [Entered: 12/10/2024 09:48 AM] |
| Filing 1 PETITION FOR WRIT OF MANDAMUS DOCKETED. Notice filed by Petitioner Brian Troy Woltz received electronically on 12/6/24. (GCH) [Entered: 12/10/2024 09:27 AM] |
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