No. 25-6024

Wilson Ochar v. Roy S. Rubenfield

Lower Court: Fourth Circuit
Docketed: 2025-11-04
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: None
Key Terms:
DueProcess FifthAmendment Jurisdiction
Latest Conference: 2026-02-20 (distributed 2 times)
Question Presented (from Petition)

Pursuant to Supreme Court Rule 14.1(a) - The questions presented for review:

1. First, on June 10th 2024 the plaintiff alleges medical malpractice against Roy S. Rubinfeld M.D, following a cross-linking eye surgery in June 2022, claiming the procedure failed to achieve the promised 20/40 vision necessary for unrestricted driving. Despite earlier assurances, Dr. Rubinfeld allegedly refused to certify the results on the DMV vision report. (J.A.22-46) The plaintiff contends this constitutes a violation of 15 U.S. Code § 52 (Dissemination of false advertisements) warranting civil action pursuant to 31 U.S. Code § 3730(b) - Civil actions for false claims, arguing that the District Court, not a circuit court, should retain jurisdiction due to this federal questioned .A. 175)

a. Did the District Court err in dismissing and remanding the complaint to state court, given the plaintiffs claims alleging violations of 15 U.S. Code § 52 and 18 U.S. Code § 1035, which raises federal questions?

b. Do the defendant's alleged misrepresentations regarding the success of a medical procedure and subsequent refusal to certify the results for a DMV vision report constitute a violation of 15 U.S. Code § 52, "Dissemination of false advertisements"?

c. Do the defendant's alleged actions,specifically concerning false statements relating to health care matters, meet the definition of a federal healthcare offense under 18 U.S. Code §1035?

d. Does the Ninth Amendment support the plaintiffs request for a court-appointed attorney to pursue criminal violations under 18 U.S. Code §1035, particularly when the Attorney General's office has not responded to the plaintiffs complaint?

e. Does the defendant's alleged differential pricing for the same medical procedure based on race constitute a violation of 28 CFR § 42.104 - Discrimination prohibited?

f. Did the defendant violate 42 CFR § 416.42 - Condition for coverage —Surgical services, by performing surgery in an office that allegedly does not meet Ambulatory Surgery Center standards and with unqualified personnel, particularly as an out-of-state physician without a Virginia surgical license?

g. Does the plaintiffs complaint meet the definition of medical malpractice under Virginia Code § 8.01-581.1 et seq - The Virginia Medical Malpractice Act, given the defendant's alleged lack of registration and licensed surgical facility in Virginia?

h. Is the defendant's medical practice, a Maryland-based entity, permitted to practice medicine in Virginia without proper licensure and registration as an eye surgeon with the American Board of Surgery or as a foreign business entity in Virginia, in violation of Virginia Code Chapter 29. § 54.1-2902, "Unlawful to practice without license"?

i. Is the defendant's medical practice in violation of Virginia Code §13.1-1057. (D) Transaction of business without registration by operating in Virginia without a certificate of registration as a foreign limited liability company?

2. Secondly, on November 7, 2024, Judge Patricia Tolliver Giles of the U.S. District Court, Eastern District of Virginia (Case No. l:24-cv-01001), dismissed the plaintiffs complaint with prejudice without summoning the defendant (J.A. 165). The

Question Presented (AI Summary)

Question not identified.

Docket Entries

2026-01-28
Motion DISTRIBUTED for Conference of 2/20/2026.
2026-01-15
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2026-01-12
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until February 2, 2026, 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.
2025-12-17
DISTRIBUTED for Conference of 1/9/2026.
2025-06-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 4, 2025)

Attorneys

Wilson Ochar
Wilson Ochar — Petitioner