No. 21-6868

Michael D. Webb v. Anthony S. Fauci, et al.

Lower Court: Fourth Circuit
Docketed: 2022-01-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: and whether summary judgment can be granted in a administrative-law administrative-remedies civil-rights due-process equal-protection first-amendment freedom-of-information-act freedom-of-religion standing
Key Terms:
DueProcess CriminalProcedure JusticiabilityDoctri
Latest Conference: 2022-03-04
Question Presented (from Petition)

1. Whether, pursuant to S.Ct.R. 11, see also 28 U. S. C. § 2101(e) 1, upon application for prejudgment relief, in "a case pending in a United States court of appeals, before judgment is entered in that court ", a requester, "deemed to have exhausted his administrative remedies with respect to such request if the agency fails to comply with the applicable time limit provisions, " in accordance with 5 U.S.C. § 552(c)(i), is entitled, pursuant to 5 U.S.C. § 552(a)(4)(B), on complaint to "the district court of the United States in the district in which the complainant resides " to compel that Court "to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complainant ", so as to remedy a derogation of his rights to equal protection and due process, as well as a right to redress of grievances, substantive right, irreparably harmed.

2. Whether, pursuant to S.Ct.R. 11, see also 28 U. S. C. § 2101(e), "upon application for prejudgment relief, in "a case pending in a United States court of appeals, before judgment is entered in that court ", where, in accordance with Fed.R.Civ.Pro. 56(a), "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law, " summary judgement may be granted, where, under 18 U.S.C. § 248(a)(2), under the direction of the President, a private party, "by force or threat of force or by physical obstruction, intentionally injure[d], intimidate[d] or interfere[d] with or attempted] to injure, intimidate or interfere with any person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship ", and "subject to the penalties provided in subsection (b) and the civil remedies provided in subsection (c)", so as to remedy a derogation of his rights to equal protection and due process, as well as rights to free exercise, substantive rights, constituting an irreparable harm.

Question Presented (AI Summary)

Whether a requester is entitled to compel a district court to enjoin an agency from withholding records and order production of improperly withheld records

Docket Entries

2022-03-07
Petition DENIED. Justice Alito took no part in the consideration or decision of this petition.
2022-02-17
DISTRIBUTED for Conference of 3/4/2022.
2022-01-21
Waiver of right of respondents Anthony S. Fauci, et al. to respond filed.
2022-01-06
Petition for a writ of certiorari before judgment and motion for leave to proceed in forma pauperis filed. (Response due February 14, 2022)

Attorneys

Anthony S. Fauci, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Michael D. Webb
Mike Webb — Petitioner