No. 22-5479

Derek N. Jarvis v. United States

Lower Court: Federal Circuit
Docketed: 2022-08-31
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: 1866-treaties cherokee-freedmen civil-rights federal-jurisdiction indian-treaties native-rights treaty-interpretation treaty-provisions tucker-act
Key Terms:
Privacy
Latest Conference: 2022-10-28
Question Presented (from Petition)

1-Can a trial court dismiss 1866 complaint based upon the number of provisions that Petitioner has provided under 1866 treaties, when it was established that Petitioner Jarvis provided several provisions under 1866, or is there federal law that requires that several provisions be provided under 1866 treaties?

2-Can a complaint filed under 1866 treaties, and under 28 U.S.C. §1505, be lacking of jurisdiction, in federal court of claims, when the claims fall under The Tucker Act?

3-Can a trial court deny Petitioner Jarvis rights to 1866 treaties, when he is American Cherokee Freedmen, and the Treaties of 1866 state unequivocally, that it 'guarantees descendants of Cherokee Freedmen 'all rights of "Native Cherokees?

Question Presented (AI Summary)

Can a trial court dismiss 1866 complaint based on number of provisions stated?

Docket Entries

2022-10-31
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).
2022-10-06
DISTRIBUTED for Conference of 10/28/2022.
2022-09-28
Waiver of right of respondent United States to respond filed.
Main DocumentMain Document
2022-06-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 30, 2022)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of ServiceMotion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Derek Jarvis
Derek Jarvis — Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent