No. 24-5384

Carlton Eugene Hooker, Jr. v. Kevin T. Hanretta, et al.

Lower Court: Eleventh Circuit
Docketed: 2024-08-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure case-dismissal civil-rights court-remand judicial-discretion procedural-error
Key Terms:
AdministrativeLaw
Latest Conference: 2024-10-18
Question Presented (from Petition)

1. Whether the Eleventh Circuit Court of Appeals abused its discretion on
Denying the Appellant 's motion for entry of judgment by remanding the
following related appeal USCA Case No. 11-22-13342 due to the appellees '
failure to file a response brief in this Court back to the District Court who
fraudulently dismissed USDC Case No. 8:22-cv-01614-TPB-TGW after all
defendants were properly served.

2. Whether or not the lower courts in both the Middle District of Florida and the
Eleventh Circuit Court of Appeals abused their discretion, and violated
Supreme Court binding precedent in General Electric Co. v. Joiner , 522
U.S. 136 (1997) when they bypassed ruling on the Judicial Notice of
Adjudicative Facts at (Document 11) of USDC Case No. as noticed in the
Notice of Supplemental Authority at (Document 10) of related appeal 11-22-
13342 and (Document 24) of USDC Case No. 8:22-cv-01614-TPB-TGW, and
(Document 22) of this appeal, 11-23-12239 which conclusively proves that the
ban had no legal precedence and in fact was not in accordance with any law.

3. Whether USDC Case No. 8:22-cv-01614-TPB-TGW was improperly dismissed
on Res Judicata grounds based on USDC Case No. 8:18-cv-00696-VMC-TGW
being a Civil Rights Discrimination Complaint and not a Bivens Claim.

Question Presented (AI Summary)

Whether the Eleventh Circuit abused its discretion in denying the appellant's motion for judgment and remanding the case due to procedural irregularities and alleged judicial misconduct

Docket Entries

2025-01-29
Case considered closed.
2024-10-21
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until November 12, 2024, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2024-10-03
DISTRIBUTED for Conference of 10/18/2024.
2024-09-06
Waiver of United States of right to respond submitted.
2024-09-06
Waiver of right of respondent United States to respond filed.
2024-08-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2024)

Attorneys

Carlton E. Hooker, Jr.
Carlton Eugene Hooker Jr. — Petitioner
United States
Elizabeth B. Prelogar — Respondent
Sarah M. HarrisActing Solicitor General, Respondent