No. 21-5473

Jameson Rosado v. Merrick B. Garland, Attorney General

Lower Court: Third Circuit
Docketed: 2021-08-25
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: administrative-procedure civil-rights discrimination due-process eeoc-complaint employment employment-discrimination federal-employment federal-service retaliation
Latest Conference: 2021-12-03 (distributed 2 times)
Question Presented (from Petition)

Whether Jamie was ordered for the FFD to ultimately have him removed from federal service in retaliation for pursuing prior EEO activity;

Whether Mike Ward referred Jamie to the Inspection Division in retaliation for disclosing his EEO activity during a meeting in April 2010

Whether the allegations of insubordination and misconduct were clustered together to exaggerate the severity as a pretext for discrimination and retaliation to remove Jamie for engaging in EEO activity;

Whether the Agency's removal of Jamie was based on discriminatory and retaliatory motives despite receiving successful performance reviews and having been found fit for duty;

Whether Jamie was removed in retaliation for his EEO activity related to the current case as well as previous EEO activity;

Whether Mike Ward's referral of Jamie to the Inspection Division for insubordination was in retaliation for an EEO investigation which Mr. Ward was present;

Whether Mike Ward's referral to the Inspection Division was based on retaliation for failing to follow the chain of command when Jamie was "put off' by his first and second line supervisors;

Whether the Agency's alleged reasons for ordering the FFD in abundance of caution based on statements Jamie made on August 30, 2011 are a pretext for retaliation.

Whether the District Court prejudiced BOTH the initial processing of the complaint AND appeal or BOTH.

Whether Martin F. Zielinski's purported eleven (11) stressors relied upon in recommending the FFD were a pretext for retaliation as many factors enumerated are common stress factors to any ordinary person and do not pose a high security risk. Additionally, Jamie's wife was not, in fact, leaving him;

Whether Mike Ward's referral to the Inspection Division for misconduct, insubordination, and miscellaneous violations were a pretext for retaliation and actually motivated by discrimination to get Jamie removed because of mental illness;

Whether the allegation of misconduct that Jamie was not performing his duties despite receiving successful performance evaluations signed by his first and second line supervisor was a pretext for retaliation for engaging in prior EEO activity;

Whether the Agency's allegation of insubordination for going outside his chain of command regarding his prior EEO matter was a pretext for retaliation when Jamie had previously received an email from Mike Ward stating "the FBI operates via an open door policy" and the chain of command "does not preclude anyone from reaching out to higher levels of management if he/she feels the need".

Why did the District Court engage in exparte communications with other State of NJ Judges while prejudicing my complaint?

Why did for former Magistrate Judge Joseph Dickson burden me with additional losses AFTER my matter was erroneously dismissed?

What Court will remedy the reprisal established by the EEOC, in addition to FBI Newark witnesses?

When can appellant expect relief, including reinstatement, which he has waited a decade for?

Question Presented (AI Summary)

Whether Jamie was ordered for the FFD to ultimately have him removed from federal service in retaliation for pursuing prior EEO activity

Docket Entries

2021-12-06
Rehearing DENIED.
2021-11-09
DISTRIBUTED for Conference of 12/3/2021.
2021-10-27
Petition for Rehearing filed.
2021-10-12
Petition DENIED.
2021-09-23
DISTRIBUTED for Conference of 10/8/2021.
2021-09-15
Waiver of right of respondent Attorney General to respond filed.
2021-05-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2021)

Attorneys

Attorney General
Brian H. FletcherActing Solicitor General, Respondent
Jameson Rosado
Jameson Rosado — Petitioner