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Supreme Court of the United States No. In Utbe Supreme Court of the Eniteb States REED MCDONALD, Petitioner, V. ARAPAHOE COUNTY, a quasimunicipal corporation and political subdivision of the State of Colorado, Respondents. On Petition For Writ Of Certiorari To The United States Court Of Appeals For The Tenth Circuit PETITION FOR WRIT OF CERTIORARI REED McDoNALD, pro se 4059 Mi Hillside P1. Littleton, Colorado 80123 (720) 589-3160 [email protected] REcEIvEr APR 102019 OFFICE OF THE CLERK SUPREME COURT, U.S. 1 QUESTIONS PRESENTED FOR REVIEW The specific question presented is: Whether a party who was not, and has never been named as an underlying party to any court proceedings for/against petitioner can invoke Rooker-Feldman doctrine to dis- miss litigation? The wide-ranging question: Neither the granting nor the denial of a motion under Colorado's Rule 120 non-judicial proceeding shall constitute an appealable order or judgment as a matter of Colorado law. Thus, do Rule 120 non-judicial proceedings exhibit preclu- sion in federal courts? 11 TABLE OF CONTENTS Page Questions Presented for Review .......................... .i Table of Authorities .............................................iv Petition for a Writ of Certiorari...........................1 OpinionsBelow ....................................................1 Statement of Jurisdiction ....................................1 Constitutional and Statutory Provisions ............1 Statement of the Case .........................................9 I. Brief Factual Background .........................9 TI. Relevant Proceedings Below .....................11 III. Additional Facts.........................................11 Argument.............................................................12 The Panel Opinion is in willful contradic- tion of Exxon Mobil a Saudi Basic and Lance a Dennis .......................................... 12 The Panel Opinion is in willful contradic- tion of Colorado law ...................................25 The Panel Opinion is in willful contradic- tion of Supreme Court precedent ..............25 The Panel misrepresented material facts ofthe case ..................................................28 Reasons for Granting the Petition.......................29 Conclusion............................................................31 111 TABLE OF CONTENTS -Continued Page TABLE OF APPENDICES Order and Judgment of the United States Court of Appeals for the Tenth Circuit ......................App. 1 Dismissal Order of the United States District Court, Colorado ..............................................App. 10 Recommendation of Magistrate Judge, District Court, Colorado ..............................................App. 22 Order of United States Court of Appeals for the Tenth Circuit Denying Rehearing .................App. 37 Fraud Corporate Assignment of Deed of Trust Dated April 6, 2012 ........................................App. 39 Defenses allowed in CRCP Rule 120 Non-judicial proceedings.....................................................App. 42 Bond staying state case .....................................App. 43 Citibank's ex parte motion for writ..................App. 44 Arapahoe County's issued writ .........................App. 46 iv TABLE OF AUTHORITIES Page CASES: Board of Commissioners of Bryan County v. Brown, 520 U.S. 397 (1997) .................................................12 City of Canton v. Morris, 489 U.S. 378 (1989) .....................................12, 28, 30 District of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983) .........................................passim Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 220 (2005) ...............................12, 13, 25, 29 International Shoe Co. v. Washington, 326 U.S. 310 (1945) .................................................22 Lance v. Dennis, 546 U.S. 459 (2006) .....................................12, 13, 26 Los Angeles County v. Humphries, 562 U.S. 29 (2010) .............................................12, 28 Lugar v. Edmondson Oil Company, Inc., 457 U.S. 922 (1982) ...........................................13, 24 Monell v. Department of Social Services of the City of New York, 436 U.S. 658 (1978) .....................................12, 27, 28 Mayotte v. US Bank, 880 F.3d 1169 (10th Cir. 2018) ..........................11, 29 Mullane v. Central Hanover Trust Co., 339 U.S. 306 (1950) .................................................22 V TABLE OF AUTHORITIES -Continued Page Pembaur v. City of Cincinnati, 475 U.S. 469 (1986) ...........................................12,27 Pennoyer v. Neff, 95 U.S. 714 (1878) ...................................................22 Rooker v. Fidelity Trust Co., 263 U.S. 413 (1923) .........................................passim Trimble v. People, 34 P. 981 (Cob. 1893) ........................................11, 30 Yvanova v. New Century Mortgage Corp., California Supreme Court Case No. S218973........15 CONSTITUTIONAL PROVISIONS: U.S. Const. amend. XW, § 1 ......................1, 2, 9, 14, 21 U.S. Const., Article VT, § 2 ............................................2 Colorado Const. Article IT, Section 25 ........................21 FEDERAL STATUTES 12 U.S.C. § 2605(f) ........................................................3 26 U.S.C. § 860D(a)(4) ....................................... 5, 16, 17 26 U.S.C. § 860G(a)(3)(A)(i) ..............................4, 15, 17 26 U.S.C. § 860G(a)(3)(A)(ii) .......................4, 15, 16,17 Real Estate Settlement Procedures Act (RESPA) ...................4, 14, 17, 18, 19 Tax Reform Act of 1986 (TRA) .............................17,19 vi TABLE OF AUTHORITIES -Continued Page Truth in Lending Act (TILA), Section 131(g) ..........................................2, 17, 18, 19 Wall Street Reform and Consumer Financial Protection Act ...................................17, 19 COLORADO STATUTES: C.B.S. § 13-40-112(1) & (2) .........................7, 21, 22, 24 C.R.S. § 13-40-117(2) ..........................................passim C.R.S. § 13-40-119 .............................................8, 20, 21 COLORADO RULES OF CIVIL PROCEDURE: Colorado Rules of Civil Procedure Rule 120(d)(4) ..............................5, 12, 17 Colorado Rules of Civil Procedure Rule 121 § 1-15(1)(b) .........................6, 23 Colorado Rules of Civil Procedure Rule 121 § 1-15(8) ........................ 6, 20, 23 Colorado Rules of Civil Procedure Rule 121(c) ...................................6,20,23 FEDERAL DOCTRINE: Rooker-Feldman ..................................................passim vii TABLE OF AUTHORITIES -Continued Page OTHER MATERIAL California Attorney General Amicus Brief................. 15 Legislative History: CRCP Rule 120; 8 Cob. Law. 785 (1979) ................................................................17 Once a Failed REMIC, Never a REMIC; Cayman Financial Review 30 (2013) ....................................16 Raphael Graybill, The Rook That Would Be King: Rooker-Feldman Abstention Analysis After Saudi Basic, 32 Yale J. on Reg. (2015) ...................13 1 PETITION FOR A WRIT OF CERTIORARI I, Reed Kirk McDonald, respectfully petition for a writ of certiorari to review the judgment of the United States Court of Appeals for the Tenth Circuit. OPINIONS BELOW The panel's opinion of the Court of Appeals is re- ported at 2018-1070. The opinion of the Colorado Dis- trict Court is not reported. STATEMENT OF JURISDICTION The judgment of the Court of Appeals was entered on November 28, 2018. A petition for en bane rehearing was denied on January 7, 2019. App. 4. 12 U.S.C. § 1254(1) confers jurisdiction on this Court. CONSTITUTIONAL AND STATUTORY PROVISIONS The Due Process Clause of the Fourteenth Amend- ment provides that no state shall "deprive any person of life, liberty, or property without due process of law." U.S. Const. amend. XJV § 1. The Court has consistently held that constitutional requirements of due process apply to garnishment and prejudgment attachment procedures whenever the State acts jointly with a cred- itor in securing the property in dispute. 2 The Equal Protection Clause of the Fourteenth Amendment provides "nor shall any State deny to any person within its jurisdiction the equal protection of the laws." U.S. Const. amend. XIV § 1. The Court has consistently held a "person' no matter the circum- stances, is due equal protections under all law of the United States. The Supremacy Clause of the United States Con- stitution provides "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Consti- tution or Laws of any State to the Contrary notwith- standing." U.S. Const., Article VI, § 2. TILA The Truth in Lending Act (TILA), Section 131(g) was amended on May 19, 2009, to include provisions requiring the assignee of a mortgage loan to notify a consumer borrower that there has been a Transfer of Mortgage. Section 131(g) requires the new owner or as- signee of a mortgage loan, must notify the borrower in writing within 30 days after the mortgage loan is sold or otherwise transferred. This Transfer of Mortgage notification must include the following: The assignee's identity, address and phone number; The date of transfer; Contact information for an agent or party having authority to act on behalf of the as- signee; The location or the place where transfer of ownership of the debt
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