No. 19-7134

Jessie Carter v. Department of Agriculture

Lower Court: Eighth Circuit
Docketed: 2019-12-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-hearing administrative-law administrative-law-judge arkansas-dept-of-human-services civil-rights declaration disqualification due-process federal-regulations national-disqualified-list usda usda-program usda-regulations
Latest Conference: 2020-02-21
Question Presented (from Petition)

What is the 'proper' interpretation of CFR 7 226.6 (c) (v). (copy enclosed)
This question arises in direct relation to circumstances in the case.
Enclosed are statements from second administrative hearing, showing the
AU did not address the length of time being imposed by the USDA regional
Office in Dallas, upon Mrs. Whitaker whom I was accused of allowing to
participate in USDA program as a 'disqualified individual'. This interpretation
has me permanently excluded by Arkansas Dept, of Human Services (ADHS).
This interpretation allows for Mrs. Whitaker to be on the National Disqualified
List (NDL), for (12) twelve years, not (7) seven. From 1997 thru 2009.
After over two years, The Western District Court in El Dorado, AR. Was able to
help obtain a declaration from USDA National Office in Virginia, from Ms.
Jennifer Weatherly, FOIA officer, and from colleages that are familiar with this
case, (enclosed).

Was AU correct to refuse to hear if Mrs. Whitaker's time on the list (NDL), was
proper, as the institution that was placed on it at the same time that she was,
was off the list in (7) seven years, and she was not. (enclosed pg. 84,85; 260-262).

Question Presented (AI Summary)

What is the proper interpretation of CFR 7 226.6 (c) (v)

Docket Entries

2020-02-24
Petition DENIED.
2020-01-23
DISTRIBUTED for Conference of 2/21/2020.
2020-01-21
Waiver of right of respondent Department of Agriculture to respond filed.
2019-08-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 30, 2020)

Attorneys

Department of Agriculture
Noel J. FranciscoSolicitor General, Respondent
Jessie Carter
Jessie Carter — Petitioner