Martin Akerman v. United States Court of Appeals for the Federal Circuit
Injunction: Whether the Clerk of the United States Court of Appeals for the Federal Circuit has unlawfully abridged the petitioner's First Amendment right to petition and his Article III due process rights by twice improperly recharacterizing a petition for writ of error coram nobis as a request for panel rehearing, thereby justifying the issuance of a preliminary injunction to halt further mischaracterizations and ensure proper judicial review.
Stay: Whether the Federal Circuit's failure to address unresolved stay requests, which are critical to protecting the petitioner's federal tenure and whistleblower retaliation claims under the Civil Service Reform Act, and its issuance of sua sponte orders that dismissed filings without proper consideration, warrants a stay of further actions pending substantive review of petitioner's claims.
Whether the First Amendment and due process rights of a petitioner are violated when a federal appellate court clerk improperly recharacterizes legal filings and dismisses petitions without substantive review