No. 19-1413

Armin Abazari v. Department of Education, et al.

Lower Court: Ninth Circuit
Docketed: 2020-06-24
Status: Denied
Type: Paid
Response Waived
Tags: 5th-amendment 7th-amendment civil-procedure civil-procedure-rules complaint dismissal due-process equal-protection federal-rules-of-civil-procedure first-amendment objections procedural-due-process sovereign-immunity standing
Latest Conference: 2020-09-29
Question Presented (from Petition)

1. Whether the District Court must A.
consider an opportunity to present objections
under F.R.C.P. §72(b)(2) prior to a ruling on a
dismissal of a Complaint.

2. Whether the District Court must
consider objections de novo under F.R.C.P.
§72(b)(3) prior to a ruling on a dismissal of a
Complaint.

3. Whether the District Court Justice
who acted in terminating Plaintiffs suit was
neutral and detached.

4. Whether Dr. Abazari 's Procedural
Due Process rights under the 5th Amendment
were violated by the District Court 's
termination of Dr. Abazari 's entire action.

B. Whether Dr. Abazari 's Equal Protection
rights under the 5th Amendment were violated
on the basis of discrimination against persons
of Iranian descent.

C. Whether Tripati v. First Nat 'l Bank &
Tr., 821 F.2d 1368, 1369 (9th Cir. 1987)
provides unfettered discretion to Judges to
restrict the 1st Amendment right to petition
the government for a redress of grievances.

D. Whether the Appellate Court 's entry of
Judgement functioned as a prior restraint on
plaintiffs exercise of the 1st Amendment right
to seek redress of his grievances to the United
States Supreme Court, where Plainitff s bar
exam was set to occur on September 8, 2020,
and where the Court uses the collective terms:
"not for publication, " "meritless...claims, "
"frivolous or without merit, " "state law
claims. "

E. Whether the Appellate Court 's
Judgment is unconstitutionally vague.

F. Whether the Appellate Court 's
Judgment presents an impermissible
restriction on the exercise of communicative
conduct through the filing of an appeal to a
higher Court in violation of Plaintiffs
Substantive Due Process rights.

G. Whether Dr. Abazari 's Procedural Due
Process rights under the 5th Amendment were
violated by the Appellate Court 's Judgment.

J. Whether the District Court violated Dr.
Abazari 's 7th Amendment right to a trial by
jury.

K. 1. Whether the District Court has met
its burden of proof on its assertion of
Sovereign Immunity claims.

2. Whether the District Court has met its
burden of proof on its assertion of Issue
Preclusion.

Question Presented (AI Summary)

Whether the District Court must consider an opportunity to present objections under F.R.C.P. §72(b)(2) prior to a ruling on a dismissal of a Complaint

Docket Entries

2020-10-05
Petition DENIED.
2020-08-12
DISTRIBUTED for Conference of 9/29/2020.
2020-07-22
Waiver of right of respondents U.S. Dept. of Education, et al. to respond filed.
2020-05-27
Petition for a writ of certiorari filed. (Response due July 24, 2020)

Attorneys

Armin Abazari
Armin Abazari — Petitioner
U.S. Dept. of Education, et al.
Jeffrey B. WallActing Solicitor General, Respondent