Petition for Writ of Certiorari — Julien Simmons, Petitioner v. Consumer Assistance Group, et al.

Supreme Court briefNov 14, 2024

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Question(s) Presented

1. Has the United States Court of Appeal for the 5th Circuit entered a decision in conflict

with the decision of Hughes v. United States 263 F.3D 272, 278 (3rd Cir.2001), which is

the decision of another U.S. Court of Appeal on the same important matter, and reason

for the U.S. Supreme Court to grant Writ of Certiorari pursuant to U.S. Supreme Court

Rule 10 (a)(b)(c)?

2. Did the U.S. Court of Appeals for the 5th Circuit only state Baugh v, Taylor, 117 F.3d 197,

202 (5th Cir. 1997), and Howard v. King, 707 F.2d215, 202 (5th Cir. 1983) and ignore the

arguable legal points clearly defined in the Petitioners Appeal Brief that where

nonfrivolous?

3. Did the U.S. Court of Appeals for the 5th Circuit use Willingham v. Morgan, 395 U.S. 402,

409 (1969) in their document filed on April 25th, 2024 to as a substitute for the averment

of an official immunity defense and did Respondents Michelle Parham qualify for 28

U.S.C. 1442 (a) (1)?

4. Did the U.S. Court of Appeals for the 5th Circuit use Joiner v. United States, 955 F.3d

399, 403 (5th Cir. 2020, and Life Partners Inc. v. United States, 650 F.3d 1026, 1029 (5th

Cir. 2011) correct in their statement on page 2 of Appendix A; stating that the Petitioner

had failed in his contention that the district court had erred in granting sovereign

immunity to the Federal Defendants?

1

5. Did the Petitioner make a cogent argument that the district court erred in determining that

his claims against the Federal Defendants were not with the scope of the FTCA and that

the discretionary function exception did not apply?

6. Has the Petitioner filed an administrative claim with CAG pursuant to FTCA, and did the

district courts pass motions to dismiss lawfully pursuant their own court procedures?

7. Did Petitioner demonstrate a nonfrivolous issue in his appeal about the district court

improper procedure by the district judges, and is the improper procedure of the district

judges’ reason to grant Writ of Certiorari pursuant to U.S. Supreme Court Rule 10 (a)?

8. Does Petitioner raise a nonfrivolous issue of judicial bias?

9. Was Petitioners concern that his appeal may be barred pursuant to 28 U.S.C 636 (b)(1)(C)

and Douglass v. United Servs. Auto Ass’n, 79 F.3d 1415(5th Cir. 1996) (en banc) without

foundation?

10. Did Petitioner qualify for IFP?

11. Was this case dismissed with congressional intent as frivolous pursuant to 5th Cir. R.

42.2.?

2

List of Parties

All parties do not appear in the caption of the case on the cover page. A list of all parties

to the proceeding in the court whose judgment is the subject of this petition is as follows:

unemployed

Julien Simmons

Petitioner pro se

13423 Blanco Rd

Unit #3011

San Antonio, Tx 78216

Respondents PNC Bank

PNC Bank Houston Plaza Branch

2200 Post Oak Blvd.

Houston, TX 77086

Respondent Julie Sudduth

PNC Regional President of Greater Houston

PNC Bank Houston Plaza Branch

3

2200 Post Oak Blvd.

Houston, TX 77086

Respondents Brian J. Thomas

Managing Director of PNC Wealth Management

PNC Bank Houston Plaza Branch

2200 Post Oak Blvd.

Houston, TX 77086

Respondents Annie Thomas

PNC Bank Manager of Texas Houston Market Regional Headquarters Branch

PNC Bank Houston Plaza Branch

2200 Post Oak Blvd.

Houston, TX 77086

Melissa Gutierrez Alonso (Counsel for PNC Respondents)

Attorney

Bradley Arant Boult Cummings LLP

600 Travis Street

Suite 4800 Houston, Texas 77002

Lisa Luz Parker (Council for Federal Respondents)

Assistant United States Attorney

4

Southern District of Texas

1000 Louisiana, Suite 2300

Houston, Texas 77002

Related Cases

Baugh v, Taylor, 117 F.3d 197, 202 (5th Cir. 1997)

Howard v. King, 707 F.2d 215, 202 (5th Cir. 1983)

Willingham v. Morgan, 395 U.S. 402, 409 (1969)

Joiner v. United States, 955 F.3d 399, 403 (5th Cir. 2020)

Life Partners Inc. v. United States, 650 F. 3d 1026, 1029 (5th Cir. 2011)

Yohey v. Collins, 985 F.2d222, 225 (5th Cir. 1993)

Union City Barge Line, Inc. v. Union Carbide Corp., 823 F. 2d 129, 135 (5th Cir. 1987)

Litekyv. United States, 510 U.S. 540, 550 (1994)

Douglass v. UnitedServs. Auto. Ass’n, 79 F.3d 1415 (5th Cir. 1996)

Howard, 707 F. 2d at 220

Hughes v. United States 263 F.3D 272, 278 (3rd Cir.2001)

Malleyv. Briggs 475 US. 335, 341 (1996)

Nettles v. Wainwright, 677 F.2d 404, 408 (5th Cir. 1982) (en banc).

Table of Contents

Opinion Below

Page 9-10

5

Jurisdiction

Pages 10

Constitutional and Statutory Provisions Involved

Page 10-11

Statement of the Case

Pages 11-23

Reason for Granting the Petition

Pages 23-27

Conclusion

Page 27-28

Proof of Service

Pages 28-43

6

Index of Appendices

Appendix A: Untied States Court of Appeals for the Fifth Circuit Ruling filed on April 25th, 2024

Appendix B: United States District Court for the Southern District of Houston Texas Division

ROA 36 Memorandum and Recommendation

Appendix C: Untied States Court of Appeals for the Fifth Circuit Ruling filed on October 9th,

2024

Table of Authorities Cited

CASES

•

Baugh v, Taylor, 117 F.3d 197, 202 (5th Cir. 1997).

Page 11,22

•

Howard v. King, 707 F.2d 215, 202 (5th Cir. 1983)

Page 11,22

•

Willingham v. Morgan, 395 U.S. 402, 409 (1969)

Page 12

•

Joiner v. United States, 955 F.3d 399, 403 (5th Cir. 2020)....................

Page 13,11

•

Life Partners Inc. v. United States, 650 F.3d 1026, 1029 (5th Cir. 2011)

Page

13,14,15

•

Yohey v. Collins, 985 F.2d 222, 225 (5th Cir. 1993)

•

Union City Barge Line, Inc. v. Union Carbide Corp., 823 F. 2d 129, 135 (5th Cir.

Page 16,17,18

1987)

Page 19

•

Liteky v. United States, 510 U. S. 540, 550 (1994)

Page 20

•

Douglass v. United Servs. Auto. Ass ’n, 79 F.3d 1415 (5th Cir. 1996

Page 19,21

7

•

Hughes v. United States 263 F.3D 272, 278 (3rd Cir.2001)

Pages

10,11,13,14,15,17,19,20,22,23,24,25

•

Perez v. United States, 167 F.3D 913, 915-17 (5th Cir 1999)

•

In Irwin v. Dep’t of Veteran Affairs, 498 U.S. 89, 93-96 (1990)

•

Malley v. Briggs 475 US. 335, 341 (1996)

•

Nettles v. Wainwright, 677 F.2d 404, 408 (5th Cir. 1982) (en banc)

Page 26

Page 26

Page 14,15

Page 19,21

STATUES AND RULES

•

Business Organization Code Title 2, Corporations Chapter 21, For Profit Corporations

Sub-Chapter A, General Provisions. Section 21.218(b)(c)

Pages

14,15,23

•

Federal Rules of Civil Procedure 12(b)(l)(6)

•

(FTCA) Federal Tort Claims Act Statues of Limitations .... Pages 10,11,15,16,23,25,26

•

FRCP Rule 26 Duty to Disclose, General Provisions Governing Discovery (c) Protection

Orders

Page 18,19,25

•

28 U.S.C 636 (b)(1)(c)

•

5th Cir. R. 42.2

•

Court Procedures Hon. Charles R. Eskridge III page 12, Section 15. Discovery and

Scheduling Disputes (a)

•

Page 19, 21

Pages 22

Page 17,18,19,20,24

Penal Code Title 8. Offenses Against Public Administration Chapter 36. Bribery and

Corrupt Influence Sec. 36.04 Improper Influence (a) (b

Page 16

8

•

Federal Rules of Civil Procedure 12(b)(l)(6)

•

Court Procedures of Magistrate Judge Christina A Bryan IV Discovery Disputes Page 4

paragraph 12

Page 17

Page 18,19,24

•

28 U.S.C 144 Bias or Prejudice Judge

•

28 U.S.C 455

•

Rules of Supreme Court of the United States Rule 10 Considerations Governing Review

Page 18

on Certiorari(a)(b)(c)

•

Page 20

Page 14,20,22,23,25,26,27

Rules of Supreme Court Rule 29, and pursuant to 28 U. S. C. §

1746

Page 22

•

28 U.S.C. 1442 (a)(1)

Page 12

•

28 U.S.C .1442(c) (1,2, and 3)

•

12 U.S.C. 1818(b)

•

38 U.S.C. 1515(a)(b)(c)

•

28 U.S.C. 1746

•

Rule 29

Page 12

Page 11,23

Page 27

Page27

IN THE

SUPREME COURT OF THE UNITED STATES

PETITION FOR WRIT OF CERTIORARI

Petitioner respectfully prays that a writ of certiorari issue to review the judgment below.

Opinions Below

9

The opinion of The United States Court of Appeals for 5 th Circuit appears at Appendix A to the

petition and is unpublished.

Jurisdiction

Petitioner is seeking Writ for Certiorari for the judgement of his appeal dismissed in a document

filed April 25th, 2024 by the United States Court of Appeals for the Fifth Circuit. The U.S.

Supreme Court has jurisdiction to review this legal matter pursuant to Rules of the Supreme

Court of the United States Rule 10 Considerations Governing Review for Certiorari (a)(b)(c) and

Rule 13.

Motion to file out of time was granted, but Rehearing En Banc was denied 5 th Circuit on

010/09/2024, and a copy of the order denying rehearing appears at Appendix C.

Constitutional and Statutory Provisions Involved

Baugh v, Taylor, 117 F.3d 197, 202 (5th Cir. 1997)

Page 2, 3

Howard v. King, 707 F.2d 215, 202 (5th Cir. 1983)

Page 2, 3

Willingham v. Morgan, 395 U.S. 402, 409 (1969)...............................

Page 2

Joiner v. United States, 955 F.3d 399, 403 (5th Cir. 2020)....................

Page2

Life Partners Inc. v. United States, 650 F.3d 1026, 1029 (5th Cir. 2011)

Page2

Yohey v. Collins, 985 F. 2d 222, 225 (5th Cir. 1993)..............................

Page 3

Union City Barge Line, Inc. v. Union Carbide Corp., 823 F. 2d 129, 135 (5th Cir. 1987) ...

Page 3

•

Litekyv. United States, 510 U.S. 540, 550

10

(1994)

•

Page 3

Douglass v. United Servs. Auto. Ass ’n, 79 F.3d 1415 (5th Cir.

1996)

Page 3

•

28 U.S.C. 1442 (a)(1)

Page 2

•

28 U.S.C. 636(b)(1)(C)

Page 3

•

5th Cir. R. 42.2

Page 3

Statement of the Case

The United States Court of Appeals for the 5th Circuit has entered a decision in in

Appendix A that is in conflict of Hughes v. United States 263 F.3D 272, 278 (3rd Cir. 2001),

which is decision of another U.S. Court of Appeals on the same important matter. The important

matter in question is whether sovereign immunity is Jurisdictional of Non-Jurisdictional when

sovereign immunity is the affirmative defense of the Federal Appellees when there is substantial

evidence proving they are guilty. 5th Circuit has dismissed the Petitioners appeal as frivolous. In

doing so 5th Circuit decision conflicts with Hughes v. United States for in (ROA 25 Finding Facts

paragraphs 22, 23, 24, 25, 26, 28, 29, 30, 31,32, 33, Contested Issues of Fact 1-14, Finding Facts

of Recorded Dialogue 1-7 and ROA 27 exhibit 68 and all exhibits mentioned in ROA 25)

Petitioner presents solid evidence PNC Respondents are lying in (ROA 3) and proves Federal

Defendant acted negligently and out of lack of skill violated 12 U.S.C 1818 (b). Petitioner

provide proof that he is a shareholder of PNC at the time of the examination in (RO A 27 exhibit

68). Petitioner proves he needed enforcement from OCC but Federal Defendant would not send

his case to OCC. Federal Defendants affirmative defense was FTCA Statue of Limitations,

which is the same as Hughes v. United States. District Court also raised an Order and dismissed

11

the Federal Defendants for lack of subject matter, which was also the same as Hughes v. United

States. 5th circuit decision in Appendix A conflicts with the decision of another U.S. Court of

Appeals and will cause confusion on how to interpret the law. U.S. Supreme Court must grant

the Petitioner Writ of Certiorari, for the Court must ensure that laws are applied equally across

the nation.

U.S. Court of Appeals for the 5th Circuit’s only state Baugh v, Taylor, 117 F.3d

197, 202 (5th Cir. 1997), and Howard v. King, 707 F.2d 215, 202 (5,h Cir. 1983) and erred

ignoring arguable legal points clearly defined in Appellants Appeal Brief where

nonfrivolous. 5th Cir totally ignored Disrtict Courts violation of their own Rules and

Procedures and by dismissing the case by motion in a discovery matter. This being one of

the reasons why the appeal is nonfrivolous. 5th Cir did not articulate how appeal did not

have any legal point arguable. 5 th Circuit just states on page 2 paragraph 2 in Appendix A

“Our inquiry is “limited to whether appeal involves legal points arguable on their merits

(and therefore not frivolous)”. Petitioners appeal was not in bad faith, but district court

and Respondents where in bad faith for asking for dismissal in a discloser case and

granting of motions to dismiss and motions of stay which quashed discovery in the case.

This will be concluded later in the following paragraphs.

U.S. Court of Appeals for 5th Circuit erred using Willingham v. Morgan, 395 U.S.

402, 409 (1969) in Appendix A was a substitute for an averment of an official immunity

defense. Respondents CAG and Michelle Parham where not under the color of their

office pursuant to 28 U.S.C 1442 (a)(1), nor where they under the color of their office as

12

the officers in Willingham v. Morgan, and pursuant to 28 U.S.C 1442 (c) (1,2, and 3) did

not qualify for removal for Respondent Michelle Parham did not protect an individual in

the presence of the officer from a violent crime. This is mentioned in (ROA 29

paragraphs 3and 4). Petitioner states in (ROA 29 paragraph 1) Statues of Limitations

FTCA as Jurisdictional Prerequisite and Implications of Equitable Tolling allows the

Petitioner to sue for Respondent Michellee Parham did not act on Petitioners complaint

about PNC Respondents out of Negligence. In Appendix B the district judge dismissed

Respondents CAG and Michelle Parham after Petitioner files (ROA 29) presenting

substantial evidence for the equitable tolling of the Statue of limitations. 5th Cir didn’t

present any evidence Federal Respondents CAG or Michelle Parham had a causal

connection of their duties for them to be granted immunity other than stating in document

to substitute for averment. Respondents CAG and Michelle Parham’s counsel didn’t

mention, nor did they make a statement in their own document’s causal connection of

their duties as a reason for them to be granted sovereign immunity. 5th Circuit acted in

defense of Respondents and as an attorney. This legal matter has been dismissed without

Respondents filing an Appellee brief. Every case 5 th Circuit used in their Judgement was

an attempt to substitute for the averment of an official immunity defense. You will find as

you continue to read the next paragraphs the Petitioner stating more reasons why the

Respondents CAG and Michelle Parham did not qualify for sovereign immunity.

The U.S. Court of Appeals for the 5th Circuit erred using Joiner v. United States,

955 F.3d 399, 403 (5th Cir. 2020, and Life Partners Inc. v. United States, 650 F.3d 1026,

1029 (5th Cir. 2011) in their statement on page 2; Petitioner did not fail in his contention

that district court had erred in granting sovereign immunity to Federal Respondents.

13

Petitioner in his Appeal Brief proves Federal Respondents did not qualify for sovereign

immunity, because it was their affirmative defense, with no other defense or reason for

dismissal in the case. In Joiner v. United States, 955 F.3d 399, 403 (5th Cir. 2020),

defendants have more than Statue of Limitations of FTCA. They presented raised facts of

why they qualified for sovereign immunity. Respondents did not have any raised facts of

why they qualified for sovereign immunity and it was their affirmative defense. In case of

Hughes v. United States, Hughes had a substantial number of reasons and evidence

against United States so the case could not be dismissed and FTCA Statue of Limitations

was found to be non-jurisdictional. Petitioner during district court presented substantial

amount of evidence and the case should have not been dismissed. Petitioner also mention

this in his (ROA Appellant Brief on page 11). Petitioner provided a substantial amount of

evidence in (ROA 25 and 27 all pages). Evidence in (ROA 25 and 27) proved

Respondents are guilty of all charges. 5th Circuit in (ROA 51) asked Petitioner to make

his appeal brief about (ROA 27), which was document containing sufficient evidence for

sovereign immunity to be tolled same as Hughes v. United States. Petitioner also filed

along with his Appeal Brief a revised copy of (ROA 25) and recordings for the document.

These documents and recording where thrown away by 5th Circuit. It was not

congressional intent to for Statue of Limitations of FTCA to be used as an affirmative

defense to protect a plainly incompetent agent of agency, however with strong evidence

of congressional intent, equitable tolling may be justified. Federal Respondents

affirmative defense was FTCA Statue of Limitations and pursuant to case Hughes v.

United States 263 F.3D 272, 278 (3rd Cir.2001), Statue of Limitations can be equitably

tolled. Hughes v United States is a reason for the U.S. Supreme Court to rehear

14

Petitioners appeal En Banc. It is also reason for U.S. Supreme Court to grant Petitioner

Writ of Certiorari pursuant to U.S. Supreme Court Rule 10 (a). When it comes to 5th

Circuits use of Life Partners Inc. v. United States, 650 F.3d 1026, 1029 (5th Cir. 2011), as

a reason to dismiss for lack of subject matter jurisdiction. 5th Circuit and district courts

both had subject matter jurisdiction because this is a civil matter that was properly filed

in a civil court by the Petitioner and criminal evidence was presented during trial.

Petitioner does not wish to be respondent in the following sentences of this paragraph,

but must answer this question in this manner for the way Life Partners Inc. v. United

States is stated in Appendix A. Since Respondents CAG and Michelle Parham’s

affirmative defense is Statue of Limitations, and Hughes v. United States makes Statue of

Limitations non jurisdictional we look to Federal Tort Claims Act paragraph 2 “The

Concept of Clearly Established Law" Malley v. Briggs 475 US. 335, 341 (1996).

Qualified immunity provides “ample room for mistaken judgments” and protects all

government officials except “the plainly incompetent or those who knowingly violate the

law”. In Petitioners appeal he provides ample evidence Respondents CAG and Michelle

Parham were plainly incompetent or those who knowingly violating the law by not

enforcing Petitioners complaint to Respondents CAG about Respondents PNC violation

of Business Organization Code Title 2, Corporations Chapter 21, For Profit Corporations

Sub-Chapter A, General Provisions. Section 21.218(b)(c). This can be found on page 10

of Petitioners Appeal Brief and evidence in (ROA 27) and in the USB with audio

provided to 5th Circuit by Petitioner. Within (ROA 25 and 27) Petitioner presents

substantial evidence of congressional intent for equitable tolling. In this legal matter it is

not a matter of injury but a matter of acting negligently and with lack of skill. Respondent

15

CAG and Michelle Parham’s negligence, incompetence, and wrongful decision making is

not same as, Life Partners Inc. v. United States, 650 F.3d 1026, 1029 (5lh Cir. 2011)

insurance claim. 5th Circuit had jurisdiction over this case pursuant to cases Malley v.

Briggs, and Hughes v. United States. In (ROA 51) Appellant is asked by district court to

prepare his Petitioner Appeal Brief using paginated record. Document contained in the

CD was (ROA 27), which was exhibits for (ROA 25) proving Respondents are guilty and

is nonfrivolous reasons for this case is to be reversed.

Petitioner did make a cogent argument district court erred in determining that his claims

against Federal Respondents were not within the scope of FTCA and discretionary function

exception did not apply. On page 10 of Petitioners Appeal Brief, Appellant states as quoted

“Appellees CAG and Michelle Parham does not qualify for sovereign immunity pursuant to

FTCA paragraph 2 “The Concept of Clearly Established Law" Malley v. Briggs. Qualified

immunity provides “ample room for mistaken judgments” and protects all government

officials except “the plainly incompetent or those who knowingly violate the law”.

Respondents Michelle Parham was plainly incompetent, and knowingly did not enforce

Petitioners complaint against Respondent PNC, which Respondent Michelle Parham’s

incompetents was meant to aid Respondent PNC in stealing Petitioners Trust Fund.

Respondents CAG, and Michelle Parham had private conversation with Respondents PNC,

and has violated Penal Code Title 8. Offenses Against Public Administration Chapter 36.

Bribery and Corrupt Influence Sec. 36.04 Improper Influence (a) (b). Respondents all live

and work in office in the same city and state of Houston Texas and may know one another.

In the statement made in (ROA 25 Pages 19-21 Paragraphs 4-7) by Petitioner makes his

16

cogent argument about Respondents CAG and Michelle Parham’s failure to exercise or

perform a discretionary function or duty as an agency or government employee.

Incompetents of Respondents Michelle Parham and CAG is the reason why discretionary

function exception did not apply. This Statement is mentioned and made a topic as a

nonfrivolous reason for appeal in Petitioners Appeal Brief on page 12. Therefore, Petitioner

has not waived any challenge to the remand of his claim and did not fail in his brief. This

makes Yohey v. Collins, 985 F.2d 222, 225 (5th Cir. 1993) irrelevant in this legal matter.

Petitioner filed an administrative claim with Respondent CAG on May 31st, 2024. Petitioner

last letter from Respondent Michelle Parham and CAG was on June 8th, 2022. Petitioner also

received his final response from The Office of The Ombudsman on August 15th, 2022. Both dates

make Petitioner administrative claim timely filed pursuant to FTCA. Petitioner did not know, nor

did he understand that he needed to file the Standard form 95 prior to placing the lawsuit at the

time he filed it, but he needed to take legal action against Respondents. Petitioner had to file pro

Si2 without limited scope from an attorney. Petitioner searched for one on the bar but there were

not any attorneys available for him. Standard 95 form has been timely filed after the start of this

legal matter, but within 6 months after filing administrative claim sent to Respondent CAG via

certified mail. Making this legal matter same as Hughes v. United States. District court did err in

granting sovereign immunity to Respondents CAG and Michelle Parham. Pursuant to Court

Procedures Hon. Charles R. Eskridge III page 12, Section 15. Discovery and Scheduling

Disputes (a). This legal matter is a discovery matter, and it is stated in Judge Eskridges Court

Procedures under Discovery and Scheduling Disputes on page 12 “Good faith is required”. Make

a serious attempt to resolve all discovery and scheduling disputes without motion. This includes

17

disputes to compel or quash any discovery or for protection.” Judge Eskridge resided over the

case, and his rules of court procedure applied in governing the case. Dismissing the case was his

ultimate decision in his (ROA 39 pages 1-3) However the motions by requested by Respondents

where in bad faith and in attempt to protect themselves from discovery. PNC Respondents made

a motion for Judgement on the Pleadings in (ECF 16), and Respondents CAG and Michelle

Parham made a motion to Dismiss pursuant to Federal Rules of Civil Procedure 12(b)(l)(6) in

(ROA 4). At the time Petitioner had not filed a claim with Respondent CAG. It was in bad faith

for Respondent CAG to pass a motion for dismissal pursuant to F.R.A.P 12(b)(l)(6) to protect

themselves and PNC Respondents trying to get the case dismissed before making a serious

attempt to resolve discovery without motion. Pursuant to Judge Eskridges Court Procedures

under Discovery and Scheduling Disputes on page 12 Respondents CAG and Michelle Parham’s

motion should have been denied. Petitioner needed discovery of requested documentation so he

can state claim to his Trust Fund that is being withheld from him by Respondents PNC. Granting

Respondents CAG and Michelle Parham’s Motion to Dismiss was a violation of Judge Eskridges

own Procedures. Judge Eskridge allowed and aided Respondents in this case in stealing

Petitioners Trust Fund. This information was mentioned during district court in (ROA 38-page 3

paragraph 3) unlike Yohey v. Collins. It is also mentioned in (ROA 38- page 3-4) and in

Respondents Appeal Brief (pages 9-10) Magistrate Judge had district trial stayed improperly, and

the case had been dismissed improperly pursuant to of Judge Eskridges own Procedure. Unlike

Yohey v. Collins, Yohey presented facts that had not been mentioned in district courts.

Respondents Lack of an administrative claim was not one of the reasons why 5th Circuit

dismissed his appeal. The reasons for the 5th Circuits dismissal of Petitioners appeal were simply

as averment for the Respondents, and in aid of them committing a crime.

18

Petitioner demonstrated nonfrivolous issues in his appeal on pages 9,14, and 15 about district

court violation of procedure by both magistrate and district and the improper procedure of the

district court are reasons to grant Writ of Certiorari pursuant to U.S. Supreme Court Rule 10 (a).

Pursuant to their own court procedures “Court Procedures Hon. Charles R. Eskridge III Page 12,

Section 15. Discovery and Scheduling Disputes (a), for it states in his court procedures “Good

faith required”, and “Court Procedures of Magistrate Judge Christina A Bryan IV Discovery

Disputes Page 4 paragraph 12”, Respondents document (ROA24 pages 1,3,5) was a violation of

Judges Eskridge, Bryan procedures, and FRCP Rule 26(c) for the Respondents raised Motions to

Dismiss (ROA 4) and Motion for Judgement on The Pleadings(ROA 16) in discovery case

without attempting to disclose documents prior to filing (ROA 24), and did not make attempt to

resolve dispute without court action. District Court filed an Order (ROA 28 page 1), which

canceled pretrial conference and stayed the case. This Order was a violation of both Judge

Bryans and Judge Eskridges court procedures. Respondents CAG and Michelle Parham were in

bad faith in their Motion to Dismiss (ROA 4), and in discovery a matter the district courts

violated FRCP Rule 26 Duty to Disclose, General Provisions Governing Discovery (c) Protection

Orders, because motion for protection without any party making a motion included certification

that movant has in good faith coffered of attempted to confer with any other affected parties to

resolve the dispute without court action was made by the district courts by granting stay in (ROA

28). Therefore, they should not have been granted sovereign immunity. In combination with

Court Procedures Hon. Charles R. Eskridge III Page 12, Section 15. Discovery and Scheduling

Disputes (a) and affirmative defense being sovereign immunity Hughes v. United States.

Petitioner does demonstrate a nonfrivolous issue about district courts improper procedure by

19

both district judges residing over the case for it’s some of the injustice stated in Petitioners

Appeal Brief and (ROA 38) when magistrate judge attempts to dismiss and bar Petitioner

pursuant to 28 U.S.C 636 (b)(1)(c) and case Douglas v. United Servs Auto Ass’n, 79 F.3d 1415,

1428-29 (5th Cir. 1996) (en banc) in (ROA 36 pages 15-16). Mentioned on page 12 of Petitioner

Appeal Brief and (ROA 36 pages 15-16) U.S.C 636 (b)(1)(c) and case Douglas v. United Servs

Auto Ass 'n was to prevent Petitioner from attacking it upon plain error and manifest injustice in

an appeal pursuant to Nettles v. Wainwright, 677 F.2d 404, 408 (5th Cir. 1982) (en banc). This

topic can be found on pages 8,9,11,12, and 15 of the Petitioners Appellant Appeal Brief. Union

City Barge Line, Inc. v. Union Carbide Corp., 823 F. 2d 129, 135 (5,h Cir. 1987) is not applicable

in this legal matter for discovery was quashed before documents that could be used as evidence

to help assert Petitioners claims against Respondents could be obtained. This is another averment

being made by 5th Circuit as reason to dismiss the case. Respondents Attorneys held pretrial

conference by email, which was a violation of to Court Procedures of Magistrate Judge Christina

A. Bryan Discovery Disputes Page 4, counsel must confer by telephone or video conference. A

violation of FRCP Rule 26 (c) Protection Orders, for magistrate judge provided the Respondents

protection with stay in the case without judgement of the case and quashed discloser of

documents with the cancellation of pretrial conference which was vital for the salvation of the

Petitioners Trust Fund. Without the documents requested for discloser Petitioner cannot state

claim to his trust and is reason for the bad faith of the Respondents passing motions for dismissal

which are in violation of Court Procedures Hon. Charles R. Eskridge III Page 12, Section 15.

Discovery and Scheduling Disputes (a). The violations of rules, and procedure mentioned in this

paragraph are sufficient reasons for The U.S. Supreme Court to grant Writ of Certiorari for the

appeals court and the district court are to far outside of accepted judicial proceedings pursuant to

20

U.S. Supreme Court Rule 10 (a) (b)

or has so far departed from the accepted and usual judicial

proceedings, or sanctioned by departure of the lower court, as to call for this Courts supervisory

powers.”. 5th Circuit’s decision in Appendix A conflicts with Hughes v. United States, which was

a decision made different state court of last resort or United States court of appeals.

Petitioner raises nonfrivolous issues of judicial bias in the appeal. Violations of court

procedures were out of bias and magistrate judge acted as an attorney in defense of Respondents

when the Petitioner presented sufficient evidence that proved Respondents are guilty and their

affirmative defense was sovereign immunity same as Hughes v. United States. District courts

dismissed the case without trial, and appellate courts dismissed the case without Respondents

preparing an Appellee Brief. Both Courts acted as attorneys for Respondents and was in their

defense. Petitioner filed (ROA 38) pursuant to 28 U.S.C 144 Bias or Prejudice Judge not 28

U.S.C 455 there for Liteky v. United States, 510 U.S. 540, 555(1994) is not applicable in this

legal matter. 5 th Circuit does not provide any specific reasons why for Liteky v. United States,

was a reason to dismiss this case other than state the case and Petitioner did not provide a nonffivolous issue. District Judges dismissed the case without trial and was in defense of

Respondents in (ROA 36, 39 and 49). Petitioner demonstrates non frivolous reasons issues for

appeal and why there is judicial bias on page 11, and 12 of his appeal for the improper

procedures where an injustice and bias judge is manifest in (ROA 38) and defines a multitude of

violations magistrate judge had committed. (ROA 38) is stated rather than restate them all. These

issues where nonfrivolous to the case because each issue or violation of law was the reason why

injustice was manifest and the magistrate judge was bias in her decision to stay the case, cancel

the pretrial hearing, and dismiss Federal Respondents and remand the case back to 133rd without

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discovery of documents. Magistrate judge tried to have the case barred so Petitioner wouldn’t be

able to appeal and so she could cover her tracks. In Petitioners Appellant Appeal Brief this

served as some of the non-frivolous reasons for the case should have been reversed.

Petitioner’s concern that his appeal may be barred pursuant to 28 U.S.C 636 (b)(1)(C)

and Douglass v. United Servs. Auto Ass ’n had foundation. On Pages 11 and 12 of Petitioners

Appeal Brief presents non frivolous facts that serve as foundation for his concerns his appeal

may be barred pursuant to 28 U.S.C 636 (b)(1)(C) and Douglass v. United Servs. Auto Ass ’n,

but also injustice in the case and as a nonfrivolous reason why the case should be reversed

pursuant to Nettles v. Wainwright. Injustice manifested in this case and magistrate judges use

of Douglass v. United Servs. Auto Ass ’n, to bar the Petitioner from appeal are reason why

magistrate judge should have been removed by the Petitioner motion in (ECF 38)

Petitioner did qualify for IFP. He was denied IFP by both district court and appellate

court. Petitioner had employment at the time of filing, but his expense/bills exceeded his

income and was unable to pay the court fees to proceed with the appeal out of pocket.

Petitioner in his IFP explains how magistrate judge’s decisions in the district case led to

Petitioners losing dwelling and transportation. Both district judges quashed Petitioners

subpoenas. Petitioner needed subpoenas to obtain documents so he could state claim to his

Trust Fund and salvage his trust before there are no funds left. District courts quashed them

stating subpoenas where untimely, but being it was a time sensitive matter was reason for

subpoenas to be granted. This was on page 6 of Petitioners IFP. District courts then quashed

discovery pretrial conference pursuant to Respondents motion for stay. Respondents would

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not disclose any information and discovery was quashed district courts. Petitioners does not

only state magistrate judge had untimely rulings; he proves decisions of district courts led to

loss of dwelling, loss of transport and loss of income. Petitioner presented with merit and

nonfrivolous reasons for he needed to proceed IFP such as use of technology in his document

Motion to Proceed Informa Pauperis. There for this case should have not been dismissed

pursuant to Baugh v. Taylor, and Howard v. King; or 5th Cir. R. 42.2.

To conclude the answers to all the questions stated above. With all the facts

presented by the Petitioner thus far this case was dismissed outside the congressional

intent of 5th Cir. R. 42.2. 5th Cir. R. 42.2 and used to dismiss this case as an averment and

out of defense of the Respondents. The Courts erred and ignored the non-frivolous

reasons why Petitioners appeal was adequate for the reversal of the district court decision

and failed to see that the Petitioner was on the merits dismissing the case with prejudice.

This case qualifies for Writ of Certiorari pursuant to U.S. Supreme Court Rule 10

(a)(b)(c) because the Petitioner has presented a substantial amount of evidence proving

that the Respondents are quietly same as Hughes v. United States 263 F.3D 272, 278 (3rd

Cir. 2001) therefore Federal Respondents do not qualify for Sovereign Immunity for

Statue of Limitations is tolled, and this court decision must be secured and maintained.

Reason for Granting Certiorari

The U.S. Supreme Court should grant the Petitioner Writ of Certiorari pursuant to

U.S. Supreme Court Rule 10(a)(b)(c). Petitioner has reason to be granted Writ of

Certiorari pursuant to U.S. Court Rule 10(a), because the U.S. Court of Appeals for the

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5th Circuit entered a decision that conflicts with Hughes v. United States 263 F.3D 272,

278 (3rd Cir.2001), which was a decision made by the U.S. Court of Appeals for the 3rd

Circuit. In Hughes v. United States, Hughes was unconscious while his attorney filed his

lawsuit without first stating a claim with Veterans Affairs and the Federal Defendants in

that case raised a motion for dismissal pursuant to FTCA Statue of Limitations and the

case was dismissed by the district court. Same as Petitioners case the Federal

Respondents are negligent in not enforcing the Petitioners claim against the PNC

Respondents, which Federal Respondents where obligated to pursuant to SEC Order 12

U.S.C. 1818(b) Notice to Primary Regulator paragraph 3. Business Organization Code

Title 21, Corporations Chapter 2, For Profit Corporations Sub-Chapter A, General

Provisions. Sec 21.218(b)(c), Sec 21.219, and Sec 21.354(a)(1)(b) was a law that was

applicable to be enforced for it was used by the Petitioner to detect a crime had been

committed. Federal Respondents out of negligence and the lack of detective skill

pursuant to a federal law makes Petitioners case same as Hughes v. United States. In

Petitioner case 12 U.S.C. 1818(b) is the same as 38 U.S.C. 1515 (a)(b)(c) in Hughes v.

United States for it is the primary violation out of negligence and lack of skill of the

Federal Respondents. District Courts dismissed Federal Defendants in (Appendix B) for

lack of subject matter same as Hughes v. United States. In (ROA 5 paragraphs 2,3,4)

Federal Respondents stated that removal was not based on diversity of jurisdiction

therefore the district court had subject matter jurisdiction and the federal defendants

should not have been dismissed for lack of subject matter jurisdiction by the district

court. Petitioner timely filed for appeal and appeal was dismissed as frivolous by the

appellate court. District Courts departure of accepted and usual judicial proceedings was

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sanctioned by the appellate court, which is reason for the calling of this Courts

supervisory power. The district court quashed discovery of documents and granted

motions of for dismissal and stay in a case before discloser of documents to protect the

Respondents and violated court procedures pursuant to Court Procedures Hon. Charles R.

Eskridge III page 12, Section 15. Discovery and Scheduling Disputes (a) and, Court

Procedures of Magistrate Judge Christina A Bryan IV Discovery Disputes Page 4

paragraph 12. Federal Respondents violated these procedures by raising a Motion for

Dismissal (ROA 4), and the PNC Respondent raised a Motion for Judgement on the

Pleadings (ROA 16) in bad faith pursuant to Court Procedures Hon. Charles R. Eskridge

III page 12, Section 15. Discovery and Scheduling Disputes (a) and, Court Procedures of

Magistrate Judge Christina A Bryan IV Discovery Disputes Page 4 paragraph 12, and

FRCP Rule 26 (c) without attempting to disclose any information to the Petitioner.

District Court quashed discovery by canceling the pretrial conference and granting a

Motion of Stay in (ROA 28). By doing so they violated their own court procedures Court

Procedures Hon. Charles R. Eskridge III page 12, Section 15. Discovery and Scheduling

Disputes (a) and, Court Procedures of Magistrate Judge Christina A Bryan IV Discovery

Disputes Page 4 paragraph 12 and FRCP Rule 26 (c). The district quashing of discovery

and canceling pretrial conference was a violation of FRCP Rule 26(c) since the courts

granted a motion to stay the case when the Respondents in bad faith would not confer

with the Petitioner to resolve the dispute without court action. 5th Circuit sanctioned

districts courts departure of accepted and usual judicial procedures by dismissing

Petitioners facts presented in his appeal brief about the district court violation of judicial

procedure as frivolous. Therefore, Petitioner has provided reason for the exercise of the

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Court’s discretionary jurisdiction, and grant Writ of Certiorari and pursuant to U.S.

Supreme Court Rule 10(a).

Petitioner has reason to be granted Writ of Certiorari pursuant to U.S. Supreme Court Rule 10(b),

because 5th Circuit has decided an important federal question in a way that conflicts with the decision of

U.S. Court of Appeals for the 3rd , 5th, and 9th circuit. The question as stated in the Petitioners Appeal

Brief was, “Did Appellees CAG and Michelle Parham qualify for sovereign immunity?” has

national importance because the decision entered by 5th Circuit conflicts with the ruling of

Hughes v. United States 263 F.3D 272, 278 (3rd Cir.2001). 5th Circuit decision disagrees 3rd Circuit on

how to interpret the law, which will lead to confusion for other court across the nation on legal matters

concerning FTCA Statue of Limitations. This is reason for The U.S. Supreme Court open a precedent to

take on this case, and ensure laws are applied equally across the Nation. The question raised by Petitioner

in his Appeal Brief could be better worded to, “Did Appellees CAG and Michelle Parham qualify for

sovereign immunity and can FTCA Statue of Limitations be equitably tolled.”, or “Is FTCA

Statue of Limitations jurisdictional or non-jurisdictional and may it be equitably tolled.”

Petitioner at the time of his appeal had less understanding of how to properly raise federal

questions of law so please excuse is ignorance for Petitioner is only pro se and this legal matter is

of national importance on how courts should rule in case pertaining to FTCA Statue of

Limitations and equitable tolling. In (Appendix A) 5th Circuit states that the Petitioner did not

present a cogent argument that the district court erred in determining his claims against the

Federal Respondents the scope of FTCA and that discretionary function exception applied.

Petitioner proves in his appeal that the FTCA Statue of Limitation should have been tolled

pursuant to cases Hughes v. United States 263 F.3D 272, 278 (3rd Cir.2001), Perez v. United States, 167

F.3D 913, 915-17 (5th Cir 1999), In Irwin v. Dep’t of Veteran Affairs, 498 U.S. 89, 93-96 (1990), and

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United States vs Wong 575 US 402 (9th Cir 2015). Petitioner states in his Appeal Brief in

summary of the argument on page 12 and 13, “The Appellant as provided sufficient evidence in

the “Statement of Facts” with supporting exhibits in (ROA 27 Pages 1-80) in the Document

being filed alongside this document, but not attached to it titled “Final Court Order” and has

proven in “Conclusion” of the “Statement of Facts” that the Appellees are guilty of all assertions

against them.” The document that was filed along with Appeal Brief was thrown away by Fifth

Circuit. Petitioner also states in Appeal Brief in paragraphs on pages 9-11 states the reasons why

FTCA Statue of Limitations should be tolled and the district courts order reversed. With this

legal matter being so similar to Hughes v. United States as stated in the paragraph above and

Petitioner presented nonfrivolous facts of why FTCA Statue of Limitations should have been

tolled, and the 5th circuit has erred in dismissing this case as frivolous. 5th Circuit’s decision in

this case conflicts with the decision on the 3rd Circuit case Hughes v. United States making

Petitioners case Nationally important because this disagreement can cause confusion, especially

because 5th Circuit ruled the same as 3rd Circuit in Perez v. United States. Therefore 5th Circuit has

decided an important question of federal law in a way that conflicts with another U.S. Court of Appeals

pursuant to U.S. Supreme Court Rule 10(b), giving reason for the exercise of the Court’s discretionary

jurisdiction, and grant Writ of Certiorari.

Conclusion

The U.S. Supreme Court of Appeals has reason for the exercise of the Court’s discretionary

jurisdiction and grant Writ of Certiorari for the 5th Circuit has decided an important question of federal

law that has not been, but should be, settled by this Court, and if there has been a relevant decision of this

Court that the decision of 5th Circuit is not to the knowledge of the pro se Petitioner. This statement is

pursuant to U.S. Supreme Court Rule 10(c).

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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