No. 23-6202

Damorius D. Gaines, aka Damorius Dontavis Gaines, aka Damorius Dontavious Gaines v. Shane Jackson, Warden

Lower Court: Fourth Circuit
Docketed: 2023-12-08
Status: Denied
Type: IFP
IFP
Tags: amendment-rights cestui-que-trust civil-rights constitutional-rights due-process enemy-property government-property judicial-review jurisdiction standing takings
Latest Conference: 2024-02-16
Question Presented (from Petition)

(1) IS A PRE-1933 PRIVATE U.S. CITIZEN AND CESTUI QUE TRUST WHO IS NOT AN ENEMY, ALLY OF AN ENEMY, OR FOREIGN NATIONAL PRECLUDED FROM SUING THE U.S. GOVERNMENT FOR THE RETURN OF VESTED PRIVATE TRUST PROPERTY UNDER 50 U.S.C. SEC. 4309(a) BECAUSE OF INCARCERATION?

(2) DID THE LOWER COURTS' RULINGS VIOLATE THE CESTUI QUE TRUST PETITIONER'S 1st, 5th, 9th, & 14th AMENDMENT RIGHTS OF THE U.S. CONSTITUTION WHEN: (a) DENIED THE REDRESS OF GRIEVANCE; (b) JUST COMPENSATION, (c) PROTECTION OF THE CONSTITUTION AND, (d) DUE PROCESS BY REFUSING JUDICIAL REVIEW UNDER 50 U.S.C. SEC. 4309(a) WHERE ARTICLE III ALLOW SUCH SUIT AGAINST THE GOVERNMENT?

Question Presented (AI Summary)

Is a pre-1933 private U.S. citizen and cestui que trust who is not an enemy, ally of an enemy, or foreign national precluded from suing the U.S. government for the return of vested private trust property under 50 U.S.C. Sec. 4309(a) because of incarceration?

Docket Entries

2024-02-20
Petition DENIED.
2024-01-18
DISTRIBUTED for Conference of 2/16/2024.
2023-09-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 8, 2024)

Attorneys

Damorius D. Gaines
Damorius D. Gaines — Petitioner