No. 25-5298

Michael Mallonee v. Department of the Interior

Lower Court: Federal Circuit
Docketed: 2025-08-06
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: administrative-law due-process employment-rights first-amendment judicial-review whistleblower-protection
Latest Conference: 2026-02-20 (distributed 2 times)
Question Presented (from Petition)

1. Whether a federal employee's speech —reporting unsafe school conditions,
unauthorized personnel practices, and retaliation to oversight bodies —is protected
under the First Amendment, and whether the agency 's retaliation and judicial
suppression of that speech violated constitutional protections.

2. Whether a federal agency 's misclassification of employment status in violation of
62 BIAM § 11.25 and misuse of the probationary framework —used to justify
termination and deny procedural rights — violated Petitioner 's Fifth Amendment
due process rights.

3. Whether an Administrative Judge 's suppression of material evidence,
manipulation of testimony, and disregard of agency regulations constitutes judicial
misconduct and fraud on the tribunal requiring vacatur of the proceedings under
Hazel-Atlas and Brady v. Maryland.

4. Whether the Federal Circuit 's summary affirmance without opinion, in a case
raising serious constitutional, regulatory, and whistleblower claims, contravened its
duty of meaningful review under Universal Camera Corp. v. NLRB, thereby
enabling systemic due process violations.

Question Presented (AI Summary)

Whether a federal employee's speech reporting unsafe conditions and potential misconduct is protected under the First Amendment and whether agency retaliation violated constitutional protections

Docket Entries

2026-02-23
Petition DENIED.
2026-01-15
DISTRIBUTED for Conference of 2/20/2026.
2025-10-27
Application (25A474) granted by The Chief Justice extending the time to file until December 26, 2025.
2025-10-27
Petitioner complied with order of October 6, 2025.
2025-10-10
Application (25A474) for an extension of time within which to comply with the order of October 6, 2025, submitted to The Chief Justice.
2025-10-06
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 27, 2025, 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.
2025-09-04
DISTRIBUTED for Conference of 9/29/2025.
2025-09-02
Waiver of right of respondent Department of the Interior to respond filed.
2025-05-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 5, 2025)

Attorneys

Department of the Interior
D. John SauerSolicitor General, Respondent
Michael Mallonee
Michael Keith Mallonee — Petitioner