No. 24-6448

Dennis Sheldon Brewer v. John Ratcliffe, Director, Central Intelligence Agency

Lower Court: Fifth Circuit
Docketed: 2025-02-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-court due-process judicial-precedent mandamus standing statutory-interpretation
Key Terms:
AdministrativeLaw SocialSecurity JusticiabilityDoctri
Latest Conference: 2025-03-28
Question Presented (from Petition)

1. Shall this Court permit the courts of the fifth circuit to openly defy both this Court's mandates and statutes to establish their own circuit specific precedents which effectively override this Court and Congress for:

a. Standing?
The well-established principle of standing is afforded to all who have (i) injury in fact, (ii) can establish causation, and (iii) a statutory means of redress exists, as defined in FDA v. Hippocratic (2024) issued June 28,2024, as the fifth circuit was engaged in Medicine 602 US concurrent, overlapping, and openly defiant actions, wherein a fifth circuit district court disregarded those well-established bedrock principles of standing to dismiss sua sponte on June 6, 2024, one day after docketing, the petitioner's pleading (described at paragraph 11A below, appendix C pages 7-24, appendix H 194-196, paragraph 13-P10D-P10E) and well satisfying these three principles, which dismissal was affirmed on November 11,2024 under local rule 47.6 by a fifth circuit panel finding no reversible error of law and giving no reason,

b. Congressional intent?
Congress intended to place this indigent petitioner, and others similarly affected, in this case impoverished by acts of the United States as it engages in and perpetuates involuntary servitude, on equal footing with all other litigants in 28 U.S.C. § 1915, but these fifth circuit courts first abused judicial discretion, disregarding this Court's four relevant keystone mandates at paragraph 12A below, then affirmed that abuse of discretion, finding no reversible error of law on November 11,2024, citing local rule 47.6, providing no opinion as they justified by claiming their affirmance had "no precedential value,"

c. Reaffirm de jure this defiant de facto fifth circuit precedent, overriding this Court's mandates?
A fifth circuit panel denied an en banc rehearing petition as "no active judge expressed an interest," thereby reaffirming this newly found precedent on December 30, 2024 and de jure creating this new circuit-wide precedent establishing the district court's arbitrary and fundamental failures to comply with bedrock judicial principles of standing, impartiality, equity, and fair consideration, as proper uses of judicial discretion under fifth circuit local rule 47.6 (paragraph 11C), exploiting the inherent ambiguity of unexplained fifth circuit panel actions to unambiguously establish on December 30,2024, this fifth circuit precedent in open defiance of (2024), this Court's June 28,2024 mandate in FDA v. Hippocratic Medicine 602 US

d. Failed timely delivery of notice, using US mail to notify the petitioner three days after mandate publication to attempt to procedurally evade petitioner's stay motion so he can petition this Court for writ of certiorari?
The fifth circuit then published the mandate on January 7,2025, and the petitioner received notice by mail, the only means of court communication permitted by the fifth circuit, on January 10,2025, three days after publication, in the fifth circuit court's second instance of failure to timely and accurately communicate with this petitioner/appellant (Procedural History entries for September 26, November 11-December 5, and January 7-10),

e. When it elects to do so in its sole discretion, the fifth circuit can de jure by def

Question Presented (AI Summary)

Whether the Fifth Circuit improperly disregarded established standing principles by dismissing a pleading sua sponte contrary to Supreme Court precedent

Docket Entries

2025-03-31
Petition DENIED.
2025-03-13
DISTRIBUTED for Conference of 3/28/2025.
2025-03-05
Waiver of right of respondent Ratcliffe, Dir., CIA to respond filed.
2025-01-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 5, 2025)

Attorneys

Dennis Sheldon Brewer
Dennis Sheldon Brewer — Petitioner
Ratcliffe, Dir., CIA
Sarah M. HarrisActing Solicitor General, Respondent