No. 21-7909

Kevin D. Moore v. United States

Lower Court: Fifth Circuit
Docketed: 2022-05-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appointment-affidavit civil-procedure civil-rights civil-servant due-process federal-rules-of-evidence judicial-discretion oath-of-office standing united-states-attorney
Latest Conference: 2022-06-16
Question Presented (from Petition)

1) EVERY Supreme Court Justice - currently seated, MUST have an
Appointment Affidavit AND to have taken the/an Oath of Office to
defend/uphold the Constitution. If you DO NOT HAVE BOTH OF THESE
Constitutionally required documents, you CANNOT become a civil
can an individual who DOES servant/Supreme Court Justice, Therefore,
NOT HAVE an Appointment Affidavit AND HAS NOT taken the/an Oath of
Office, become a civil servant/assistant United States attorney
(AUSA) for the government? And if not, are
duties previously performed, WITHOUT THESE DOCUMENTS and/or in
that capacity, Constitutionally/legally valid?ANY of the actions/job

2) Did the lower court(s) abuse its/their discretion and/or violate
the plain, concise, express language that Congress placed in Fed.R.
Evid. (FRE) Rule 201, when the court(s) failed/refused to take
judicial notice of adjudicative facts/documents, when petitioner:
A) requested the court(s) to take judicial notice; B) supplied the
court(s) with the necessary information - facts/documents, and then
the USDC's recharacterization of his FRE 201 into a second/successive
§2255?

3) Did the United States Court of Appeals (USCA) abuse its discretion
when it refused to accept Petitioner's motion to file out-of-time
Fed.R.App.P (FRAP) Rule 40 [21-10088], and motion for an extention
of time to file a FRAP 40 [20-11242], when the USCA denied his
Application for a Certificate of Appealability (C0A) on November
24, 2021, but petitioner did not receive the denials until December
29, 2021, and was unable to send in his FRAP 40: 21-10088 and
motion for extention of time, until January 10, 2022 - due to: i)
this prison's "modified lockdown" due to C0VID-19 and ii) his "unit
teams" absolute refusal to make copies of these court documents? And
when the 45th day was also January 10, 2022 - pursuant to FRAP
Rule 26(a)(1)(C)?

4) Did the lower court(s) abuse its/their discretion when it/they
failed/refused to adjudicate the merits of Petitioner's 59(e), when
he presented: A) facts showing the USDC failed to follow/abide by/
adhere to the plain, concise, express language in FRE 201; B) facts
straight out of the record, that show his claim AGAINST AUSA-Ms
Aisha Saleem, has never been adjudicated on its merits -
"restatement" of the claim is NOT any type of adjudication for
double jeopardy purposes; C) facts showing that Ms Saleem has
remained completely silent and has NEVER BEEN ORDERED/COMPELLED
to defend herself, by ANY court?

Question Presented (AI Summary)

Whether an individual who does not have an Appointment Affidavit and has not taken the Oath of Office can become a civil servant/Assistant United States Attorney

Docket Entries

2022-06-21
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2022-06-01
DISTRIBUTED for Conference of 6/16/2022.
2022-05-24
Waiver of right of respondent United States to respond filed.
2022-02-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 21, 2022)

Attorneys

Kevin D. Moore
Kevin Moore — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent