No. 23-7686

Sammy David McLain, Jr. v. Michelle L. Thaller, et al.

Lower Court: Fourth Circuit
Docketed: 2024-06-11
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-procedure civil-rights constitutional-rights cruel-and-unusual-punishment due-process excessive-fines judicial-jurisdiction standing sua-sponte-dismissal tort-claim
Key Terms:
Securities
Latest Conference: 2024-12-13 (distributed 2 times)
Question Presented (from Petition)

I. Can a Judge(s) dismiss a Claim sua sponte (frivolous) involving a Tort (civil wrong) Code (statute) Injury (loss of a legal right) and an Act (law) without Investigation(s) of a Complaint?

II. Is not America based on Discovery or is the United States a Stronghold for an African-American?

III. Did the Judge(s) from the beginning of the Case have Jurisdiction to Order that Evidence be presented without Civil Procedure being that the Elements of the Claim has a Burden of Proof for the Plaintiff to Prove in Trial?

IV. The Plaintiff is still not relieved of his property and if any property of the Defendants then should not have or had the Defendants relief of their property by due process or rights granted them by law and to protect against unreasonable searches and seizures?

Question Presented (AI Summary)

Can a Judge(s) dismiss a Claim sua sponte (frivolous) involving a Tort (civil wrong) Code (statute) Injury (loss of a legal right) and an Act (law) without Investigation(s) of a Complaint?

Docket Entries

2024-12-16
Rehearing DENIED.
2024-11-26
DISTRIBUTED for Conference of 12/13/2024.
2024-10-24
Petition for Rehearing filed.
2024-10-07
Petition DENIED.
2024-07-25
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.
2024-06-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 11, 2024)

Attorneys

Sammy McLain
Sammy David McLain Jr. — Petitioner
United States
Elizabeth B. Prelogar — Respondent