No. 21-7399

Rosalind A. Clayton v. Louis DeJoy, Postmaster General, et al.

Lower Court: Eighth Circuit
Docketed: 2022-03-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: age-discrimination civil-rights due-process eeoc-administrative-remedies employment-discrimination equal-protection exhaustion-of-administrative-remedies federal-employees subject-matter-jurisdiction title-vii
Latest Conference: 2022-04-29
Question Presented (from Petition)

Where the Courts decision egregiously conflicts with Supreme Court Fort Bend County, Texas v. Davis 18-525 and 29 C.F.R. 1613.513, as amend. Was petitioner's "due process rights" violated? When the Appellate Court affirmed the judgment of the District Court in dismissing petitioner's age claims 29 U.S.C. 621 et. seq. for "lack subject matter jurisdiction", on the basis the petitioner "failed to exhaust her EEOC administrative remedies" where the above statue eliminates the exhaustion requirement for federal employees on age claims.

2. Did the district court correctly calculated APWU's 6-month time barred timeline?

3. After a case sat in the EEOC more than 180 days is it considered exhausted?

4. Can a court deny a motion to reconsider that violates the 14th Amendment rights?

5. USPS affirmative defense is a perjured statement "Plaintiff failed to exhaust her EEOC administrative remedies". Does this violate petitioner due process rights?

6. Was the petitioner entitled to an excusable neglect on her 2nd extension of time?

7. Did USPS timely raise its lack of subject matter jurisdiction claim Mar. 24,2020?

8. When a black employee is injured at work by white co-worker approved; OWCP, never received any OWCP compensation benefits for her injury or absences; USPS used the approved OWCP absences against the employee attendance record to deny job reassignment. Is this fair & equal treatment for the black employee to be approved for OWCP, benefits and not receive OWCP benefits?

9. Did district court abuse authority taking 19 days to respond 2nd extension of time?

10. Did district court violate petitioner 14th amendment rights, untimely entered 2AC?

11. 1 AC - 4AC the first 8 Exhibits A-1- A-8 are paycheck stubs, is direct evidence that USPS stolen 21 days of COP wages while I was disabled. App. C 93a page ID 112a -124a: Does Ledbetter Fair Pay Act protect older, black, disabled women?

12. In the petitioner 1 AC App. C 93a there are 22 paragraphs of factual allegations missing from the district court records. The district judge affirmed plaintiff filed 19 pages and 74 paragraphs of factual allegations complaint. App. B at 21a. The court deprived me of an opportunity to be heard to present evidence that the case was well pled in the1AC. Are the missing court records a due process violation?

Question Presented (AI Summary)

Where the Courts decision egregiously conflicts with Supreme Court Fort Bend County, Texas v. Davis 18-525 and 29 C.F.R. 1613.513, as amend. Was petitioner's 'due-process-rights' violated?

Docket Entries

2022-05-02
Petition DENIED.
2022-04-14
DISTRIBUTED for Conference of 4/29/2022.
2022-03-30
Waiver of right of respondent APWU to respond filed.
2022-03-21
Waiver of right of respondent DeJoy, Postmaster General, Louis, et al. to respond filed.
2021-12-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 18, 2022)

Attorneys

APWU
Sherrie A HallWorkers Rights Law Firm, Respondent
DeJoy, Postmaster General, Louis, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Rosalind A. Clayton
Rosalind A. Clayton — Petitioner