No. 22-7817

Garland E. Williams v. United States

Lower Court: Federal Circuit
Docketed: 2023-06-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights due-process internal-revenue-service jurisdictional-challenge standing statutory-interpretation takings takings-clause tax tax-refund
Latest Conference: 2023-09-26
Question Presented (from Petition)

1. Whether claimed pursuant 28 U.S.C. § 1491 (a) (1) United States Constitutional Article III, Section 2, Amendment 5, due process of law Takings, without just compensation clauses, and 26 U.S.C. § 6402 (a) statutes' injury violations of unpaid and misdirected credit benefits, by the United States Internal Revenue Department in the overpayment amount of $9,077.26 U.S.D conflicts adverse conformity opposition to United States Court of Federal Claims invoked Appellant-Petitioner's litigation injury claims; asserted as redress barred by Court of Appeals for the Federal Circuit's dissention erring improper conveyed application to 26 U.S.C. § 6402 (g) non-jurisdictional command to prohibit review or restraint of reductions without the court of first instance determination of statutory jurisdiction congressional expressed modes of damage recovery.

2. On the ancillary presented question, whether pursuant 26 U.S.C. § 6402 (g) command to prohibit review or restraint of reductions provisionary implied interpretation; thereby the federal circuit court of appeals case assigned panel's de novo dissention under APPX. A, at 3-4-, ECF. DOC., No., 28, at 3-4; 22-1712, "Williams v. U.S.," conflicts adversely to Supreme Court precedent's dissention under case titled; "United States v. Mitchell," 463, U.S. 206, at 218-21, (1983); holding that actionable claims doesn't requires any additional waiver in support for determining injury claims arising under the Tucker Act, adjacent thereto the United States Court of Appeals for the Federal Circuit's presiding precedents' decision disposition dissent under case titled; "Sanford Health Plan v. United States" 969 F.3d 1370 (Fed. Cir. 2020).

3. Finally, whether pursuant 26 U.S.C. § 6402 (g) command to prohibit review of reductions provisionary implied interpretation; thereby the federal circuit court of appeals case assigned panel's de novo dissention under APPX. A, at 3-4; ECF. DOC., No., 28, at 3-4; 22-1712, "Williams v. U.S.," conflicts adversely to 26 U.S.C. § 6402 (n) express mode for misdirected monetary overpayments therefrom erroneous recovery, as arising application pursuant 26 U.S.C. § 6402 (c) omitted the required statute's conforming adjudicated legal basis jurisdiction decree.

Question Presented (AI Summary)

Whether claimed pursuant 28 U.S.C. § 1491 (a) (1) United States Constitutional Article II, Section 2, Amendment J, due-process, takings, 26-usc-6402

Docket Entries

2023-10-02
Petition DENIED.
2023-07-20
DISTRIBUTED for Conference of 9/26/2023.
2023-07-13
Waiver of right of respondent United States to respond filed.
2023-06-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 20, 2023)

Attorneys

Garland E. Williams
Garland E. Williams — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent