No. 23-533

Jack Jordan v. Department of Justice

Lower Court: District of Columbia
Docketed: 2023-11-20
Status: Denied
Type: Paid
Response Waived
Tags: administrative-procedure-act civil-procedure due-process federal-appeals fraud judicial-misconduct misconduct rule-60-motion standing summary-action summary-affirmance
Latest Conference: 2024-01-05
Question Presented (from Petition)

1. Whether a US. Court of Appeals may preclude
appellant's filing of any brief and presentation of any
oral argument by merely asserting the vague conclusory contention that "[t]he merits of the parties' positions [] warrant summary action" and "[t]he district
court" judge "did not abuse" his "discretion in denying
appellant's motion" when the appeal is of denial of a
motion under Rule 60(b)(3) of the Federal Rules of
Civil Procedure requesting relief from judgment for
"fraud," "misrepresentation" and criminal "misconduct
by" federal agency employees and when the appellant's
position is that such employees conspired with the district court judge to lie and deceive about and conceal
evidence of material facts and commit wire fraud.

2. Whether, in an appeal governed by the Administrative Procedure Act, 5 U.S.C. 551-559, 701-706, a
U.S. Court of Appeals has the power to summarily affirm judgment for the government based on a mere
vague allusion to the "merits of the parties' positions."

3. Whether a U.S. Court of Appeals three-judge
panel may preclude appellant's filing of any brief and
presentation of any oral argument by merely asserting
per curiam the wholly-unsubstantiated conclusory contention that "[t]he merits of the parties' positions []
warrant summary action."

Question Presented (AI Summary)

Whether a U.S. Court of Appeals may preclude appellant's filing of any brief and presentation of any oral argument

Docket Entries

2024-01-08
Petition DENIED.
2023-12-20
DISTRIBUTED for Conference of 1/5/2024.
2023-12-19
Waiver of right of respondent Dept. of Justice to respond filed.
2023-11-15
Petition for a writ of certiorari filed. (Response due December 20, 2023)
2023-10-10
Application (23A313) granted by The Chief Justice extending the time to file until November 17, 2023.
2023-10-04
Application (23A313) to extend the time to file a petition for a writ of certiorari from October 18, 2023 to November 17, 2023, submitted to The Chief Justice.

Attorneys

Dept. of Justice
Elizabeth B. PrelogarSolicitor General, Respondent
Jack Jordan
Jack Jordan — Petitioner