No. 24-5925

Francis Yomi v. Xavier Becerra, Secretary of Health and Human Services

Lower Court: Tenth Circuit
Docketed: 2024-11-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: discovery-dispute judicial-misconduct motion-to-stay procedural-rules protective-order sanctions-motion
Latest Conference: 2025-01-10
Question Presented (from Petition)

Question No. 1: Did all Judges of District and Appeal Courts clearly err when they dismissed
my case by retaliation, for me filing a motion to recuse District Judge for judicial misconduct?

Question 2: After a terrible car accident that severely injured me, Magistrate Judge received the
doctor 's letter she requested, but still denied my motion to stay, saying that I run away from
responding to discovery requests, and dismissed the case. Did all Judges err when they affirmed
it, whereas I let them know that 1 am not running away, and that I filed the same motion of 90
days of stay with the Federal Court in Maryland, which was granted the same day and the next
day by Judges in my 2 Cases No. 1: 21-cv.-02709-BPG, Doc. 33; and No. l:22-cv.00964, Doc. 8?

Question 3; Magistrate Judge denied (Doc. 158) my motion for sanctions (Doc. 153), by saying
I skipped to first file a motion to compel under FRCP 37(a), and I jumped to sanctions under
FRCP 37(b). Did all Judges in both Courts clearly erred when none of them has addressed, thus,
ignored my argument to them that Magistrate Judge erred when she didn 't apply FRCP 37(a) to
Defendant who also skipped it and jumped to file a motion to dismiss under FRCP 37(b),
claiming I didn 't attend its deposition, whereas I properly objected to it (Doc. 214) and I filed 2
motions for protective order (Docs. 215 and 223) under Rule 26(c)?

Question 4: Whether or not the Circuit Judges clearly erred when I said that the District Court
did not address my argument that the dismissal of the case was wrong in part because Defendant
did not confer with me in accordance with Fed. R. Civ. P. 37(d)(1)(B), and the 10th Circuit
said at 17a that "assuming that it is true, the rule did not give a timeframe to which to confer ",
whereas in fact that time is any time before the filing day of the motion (to sanction or dismiss)?

Question 5: Whether District Judge and the 10th Circuit Judges clearly erred when none of them
ever addressed my argument that Magistrate Judge clearly erred when she did not let me file a
Reply to Defendant 's Response (Doc. 224) to my renewed motion to stay (Doc. 223) filed on
July 11, 2022, and denied it on July 12, 2022 (Doc. 225) by just repeating what Defendant said in
its Response, making me lose unnecessarily a legal battle at her level.

Question 6: Whether the 10th Circuit erred when I said that the District Court failed to address
my argument regarding FRCP 37(d)(2) that prevented the dismissal of my case, and the 10th
Circuit argued that: "Likewise, the June 10 motion to stay was not presented as a motion for a
protective order. Rather, it was a request to pause proceedings in light of Mr. Yomi 's injuries. "
whereas it was a motion for protective order, and was titled: "Plaintiffs motion to stay for at
least 90 days from today everything he had to

Question Presented (AI Summary)

Whether the District and Circuit Courts erred in dismissing the plaintiff's case and denying multiple motions for procedural and medical reasons

Docket Entries

2025-01-13
Petition DENIED.
2024-12-12
DISTRIBUTED for Conference of 1/10/2025.
2024-12-06
Waiver of right of respondent Xavier Becerra, Secretary of Health and Human Services to respond filed.
2024-06-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 6, 2024)

Attorneys

Francisco Alberto Yomi
Francis Yomi — Petitioner
Xavier Becerra, Secretary of Health and Human Services
Elizabeth B. PrelogarSolicitor General, Respondent