No. 21-562

Kenneth A. Pruitt v. Joseph R. Biden, Jr., President of the United States, et al.

Lower Court: Fifth Circuit
Docketed: 2021-10-18
Status: Denied
Type: Paid
Response WaivedRelisted (2)
Tags: civil-rights default-judgment due-process government-authority injunctive-relief magistrate-judge paris-climate-accord standing ultra-vires uncac
Latest Conference: 2022-02-18 (distributed 2 times)
Question Presented (from Petition)

As used herein, "Respondent Ultra Vires Actor " (RUVA) means any Respondent, either individual or agency, not acting within authorized scope of official capacity of governmental authority but acting ultra vires, acting either alone or with unknown and unnamed other persons improperly causing violations of U.S. domestic law referenced within 2006 U.S. entry to 2003-31-OCT MERIDA UNITED NATIONS CONVENTION AGAINST CORRUPTION (UNCAC) and/or violate UNCAC.

As used herein, Paris Climate Accord (PCA) means "Paris Climate Accord " and is also called "Paris Climate Agreement ", "Paris Agreement ", "Paris Accord ", or "Accord du Paris " in references cited in for Petitioner 's Complaint (ROA 1).

Question One: Can Counsel for Respondent U.S. Government defend or assist RUVA for ultra vires acts outside scope of government authority, when RUVA has not filed any denial of corrupt acts alleged by this case?

Question Two: Can RUVA fail or refuse to enter denial of corrupt acts outside scope of government authority or fail to answer or file other responsive pleading, either pro se or by non-government counsel, and not be in default?

Question Three: Given 28 USC 636(b)(1)(A) has express delegation limit on District Court 's delegation to a Magistrate Judge:
"except for injunctive relief... "
does 28 USC 636(b)(1)(A) limit scope of assignment of administrative authority to Magistrate Judge in a manner to prevent delays of injunctive relief, causing de facto denial thereof?

Question Four: Does 636(b)(1)(B) allow District Court Judge to accept Magistrate Judge 's proposed findings of fact and recommendations and then deny Petitioner 's injunctive relief when neither District Court Judge nor Magistrate answered outcome determinative questions of law presented by Petitioner that set b

Question Presented (AI Summary)

Can Counsel for Respondent U.S. Government defend or assist RUVA for ultra vires acts outside scope of government authority, when RUVA has not filed any denial of corrupt acts alleged by this case?

Docket Entries

2022-02-22
Rehearing DENIED.
2022-01-12
DISTRIBUTED for Conference of 2/18/2022.
2022-01-05
2021-12-13
Petition DENIED.
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-11-17
Waiver of right of respondent Biden, President of U.S., et al. to respond filed.
2021-10-12
Petition for a writ of certiorari filed. (Response due November 17, 2021)

Attorneys

Biden, President of U.S., et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Kenneth A. Pruitt
Kenneth Allen Pruitt — Petitioner