No. 23-1315

Maxwell Jones v. United States

Lower Court: Federal Circuit
Docketed: 2024-06-17
Status: Denied
Type: Paid
Response Waived
Tags: administrative-procedure arbitrary-and-capricious arbitrary-capricious conflict-of-interest dfas-denial forged-documents judicial-immunity military-pay military-records records-correction wrongful-discharge
Latest Conference: 2024-09-30
Question Presented (from Petition)

I. Whether, in a military pay and records correction case, when the Secretary of the Army publishes a final decision by directive following their investigation, and the US Army Human Resources Command publishes the official payment orders, is it possible for an unauthorized person or department within the Defense Finance and Accounting Services (DFAS) to refuse them, and deny pay? Is that action reviewable under the "arbitrary and capricious " APA standard?

II. Are there any limitations on a Federal Judge 's precedence in cases of conflict of interest? Does absolute immunity apply when a judge acts criminally under the color of law and without jurisdiction? Are administrative actions taken to influence cases in favor of the government included in this definition?

III. In the process of recusal under 28 U.S.C. §455(a) would it be reasonable to question a federal judge 's impartiality? When he not only allows an unauthorized attorney to forge an official document but fabricates court orders based on the forge document in relation to the proceeding pending before him.

Question Presented (AI Summary)

Whether the military pay and records correction case involves issues of wrongful discharge, forged documents, and conflict of interest

Docket Entries

2024-10-07
Petition DENIED.
2024-07-17
DISTRIBUTED for Conference of 9/30/2024.
2024-07-11
Waiver of United States of right to respond submitted.
2024-07-11
Waiver of right of respondent United States to respond filed.
2024-04-16

Attorneys

Maxwell Jones
Maxwell Jones — Petitioner
United States
Elizabeth B. Prelogar — Respondent