No. 18-8305

Nausheen Zainulabeddin v. University of South Florida Board of Trustees

Lower Court: Eleventh Circuit
Docketed: 2019-03-06
Status: Denied
Type: IFP
IFP
Tags: commerce-clause disability-discrimination diversity-jurisdiction due-process federal-preemption fourteenth-amendment property-rights regulatory-taking sovereign-immunity
Latest Conference: 2019-05-09
Question Presented (from Petition)

Did the lower court violate Commerce Clause of the constitution of Article 1, section 8, Clause 3; when it denied principal's interest to maintain uniformity of state laws for Direct Fed Loans funded by taxpayers which impact interstate commerce and violated the intent of diversity jurisdiction? U.S. v. Deveaux 9 U.S. (5 Cranch) 61, 67 (1809).

Did the quasi-judicial court violate the fourteenth amendment of the constitution to plaintiff's property rights when denying federal preemption under judicial estoppel and denial of waiving state's sovereign immunity under the Eleventh Amendment pursuant to collateral estoppel doctrine defense: when the initial federal proceeding as per contractual duties of the principal, United States Department of Education, Office of Civil Rights for regulatory taking plaintiff's patent property right under Title II of American Disability Act during investigation; which was tainted by perjured testimony, abusive dilatory tactics and conflict of interest that impacted the jurisdiction of this case? White v. Ragan, 324 U.S. (1945).

Did the district and appellant court exceeded its jurisdictional authority when it entered court orders without the presence of necessary interpleader party; United States Department of Education to this suit to which more than $200,000 of United States Department of Education Fed loan Servicing funds and federal interests as per Master of Promissory Note contract are in stake? Treines v. Sunshine Mining Co., 308 U.S. 66, 74 (1939).

Did the Appellant court violate plaintiff's fourteenth amendment right when it denied writ of injunction based on weighing eBay four factor test when plaintiff's patent utility right under ADA Amendment Act (ADAAA) was infringed due to misrepresentation from 2009 to 2012 as a result of defendant's pre-textual discrimination under Title VII [Asian race: a matter public interest]; and retaliatory dismissal in 2013? eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388,391 (2006).

Did the appellant court violate plaintiffs fourteenth amendment right when disavowing Congress intent for ADAAA 2008 and Catchall statute of limitation for her claims, I-VT. 42 U.S.0 12101; 154 CONG. REC S8841 (daily ed. Sept. 16, 2008).

Did the appellant court violated constitutional rights for not abrogating state's eleventh amendment immunity under its powers granted by section 5 of the fourteenth amendment?

Question Presented (AI Summary)

Did the lower court violate Commerce Clause of the constitution of Article 1, section 8, Clause 3; when it denied principal's interest to maintain uniformity of state laws for Direct Fed Loans funded by taxpayers which impact interstate commerce and violated the intent of diversity jurisdiction?

Docket Entries

2019-05-13
Petition DENIED.
2019-04-24
DISTRIBUTED for Conference of 5/9/2019.
2019-02-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 5, 2019)

Attorneys

Nausheen Zainulabeddin
Nausheen Zainlabeddin — Petitioner