No. 22-7083

Rick Lee Searcy v. United States District Court for the Western District of Missouri

Lower Court: Eighth Circuit
Docketed: 2023-03-23
Status: Granted
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 12b-6-dismissal 1st-amendment civil-rights constitutional-rights due-process fair-trial first-amendment judicial-bias judicial-misconduct motion-to-recuse standing
Latest Conference: N/A
Question Presented (from Petition)

The petitioner did not receive a 'Fair and impartial 'proceeding which ultimately lead to 12 b (6) dismissal. Applying the 'de novo standard ' of review consistent with the 'plausibility standard ' will reveal that the District Courts actions were intentionally erroneous.

The 12 (b) 6 dismissal in this cause of action is completely erroneous. The United States District court erred in dismissing the petitioners ' cause of action because it is against Ithe weight of the stated facts and documentary evidence offered in his Title 42 U.S.C. § 1983 civil rights complaint with 'suggestions in support of and 'Amended Complaint '. Judge Gregory David Kays is a participating pedophile associated with the sex network the Ipetitioner has brought suit against and he was intentionally appointed to mismanage and ultimately dismiss this matter. When the petitioner identified him as such in his 'motion to recuse ' him he dismissed the matter altogether due to the graphic nature of the nude photographs of himself attached as proof.

The petitioner did not receive a 'Fair and impartial 'proceeding in violation of the Judicial Canon Code of Ethics, Canons 1, 2, 3, 3A,3A (5)

Question Presented (AI Summary)

Whether the petitioner received a fair and impartial proceeding that led to the 12(b)(6) dismissal of his civil rights complaint

Docket Entries

2023-05-22
Petition DENIED.
2023-05-03
DISTRIBUTED for Conference of 5/18/2023.
2023-04-24
Waiver of right of respondent United States to respond filed.
2023-03-23
Application (22A835) to file petition for a writ of certiorari in excess of page limits granted by Justice Kavanaugh. The petition for a writ of certiorari may not exceed 46 pages.
2023-03-03
Application (22A835) to file petition for a writ of certiorari in excess of page limits, submitted to Justice Kavanaugh.
2022-07-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 24, 2023)

Attorneys

Rick Searcy
Rick Searcy — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent