No. 23-7072

Martin Akerman v. Lloyd J. Austin, III, Secretary of Defense, et al.

Lower Court: Fourth Circuit
Docketed: 2024-03-26
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP Experienced Counsel
Tags: accountability administrative-law civil-rights data-integrity due-process federal-employees federal-jurisdiction judicial-review transparency whistleblower-protection
Key Terms:
Arbitration ERISA SocialSecurity DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2024-06-06 (distributed 2 times)
Question Presented (from Petition)

1. Did the Fourth Circuit Court's consolidation of appeals and selective review exacerbate the case's complexity, undermining the principles of thorough judicial review and deviating from the federal judiciary's "virtually unflagging" obligation to thoroughly adjudicate cases within its jurisdiction?

2. Did the District Court's dismissal of key claims and oversight of crucial evidence, particularly from a pro se plaintiff against a non-appearing defendant, combined with the dismissal of the plaintiffs case with prejudice on jurisdictional grounds, undermine the Fourth Circuit's ability to conduct a thorough adjudication?

Question Presented (AI Summary)

Did the Fourth Circuit Court's consolidation of appeals and selective review exacerbate the case's complexity, undermining the principles of thorough judicial review and deviating from the federal judiciary's 'virtually unflagging' obligation to thoroughly adjudicate cases within its jurisdiction?

Docket Entries

2024-06-10
Rehearing DENIED.
2024-05-21
DISTRIBUTED for Conference of 6/6/2024.
2024-05-15
2024-04-22
Petition DENIED.
2024-04-04
DISTRIBUTED for Conference of 4/19/2024.
2024-03-29
Waiver of right of respondent Austin, Sec. of Defense, et al. to respond filed.
2024-03-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 25, 2024)
2024-03-22
Motion to defer consideration of the petition for a writ of certiorari filed by petitioner.
2023-12-15
Application (23A536) granted by The Chief Justice extending the time to file until March 29, 2024.
2023-12-07
Application (23A536) to extend the time to file a petition for a writ of certiorari from January 29, 2024 to March 29, 2024, submitted to The Chief Justice.

Attorneys

Austin, Sec. of Defense, et al.
Elizabeth B. PrelogarSolicitor General, Respondent
Martin Akerman
Martin Akerman — Petitioner