No. 18-1007

Assem A. Abulkhair v. Google LLC, et al.

Lower Court: Third Circuit
Docketed: 2019-02-01
Status: Denied
Type: Paid
Response Waived
Tags: abuse-of-discretion civil-procedure civil-rights due-process email-privacy federal-rules-of-civil-procedure fourth-amendment judicial-recusal law-enforcement-overreach privacy-rights recusal religious-discrimination search-and-seizure search-warrant standing
Key Terms:
DueProcess FourthAmendment CriminalProcedure Privacy JusticiabilityDoctri
Latest Conference: 2019-03-22
Question Presented (AI Summary)

Whether the District Judge has the authority to dismiss suit while his/her recusal remains pending and his/her disqualification and impartiality comes into question when and where the federal and state canon, statute and rule mandated otherwise?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW September 11th left a remarkable dark-scar remains in effect to deteriorate and disfigure the American society, day after day, due to an obvious blustering intelligence failure which inflicted an . unbearable burden upon others to endure and struggle on a daily basis with no end in sight. The . advanced sophisticated technology together with , the speedy Internet era technique provides: the . perfect apparatus to be used and abused to discriminate against the well-known obvious group quickly blamed for instigating it to retaliate against them and bear the _ unbearable consequence of the event. To this end, the corrupt : government seized the opportunity to show its arrogant attitude, unique muscles, and abuse of power to single out American Moslems for its : heinous and outrageous religious discrimination. In doing so, it immediately started to intercept and open their incoming and outgoing mail. It went one step far and beyond to obtain their personal email private "password" from their internet providers to deliberately spy on them and ; : monitor their activity and location in the absence of FISA Order and without obtaining -a search warrant. This unlawful and immoral footstep on their rights and invasion of privacy violated the basic and decent rights cherished by the constitution and law of the United States. ; Petitioner Abulkhair commenced his action based on the foregoing conspiratorial relation ii established between the FBI and Google implicated his private email "password" and seizure of his email information records with neither FISA nor a search warrant to then place it under a "disabled" status without even a proper notice. Shortly after the Petitioner moved and sought the District Court's disqualification and recusal, the District retaliated with vengeance and dismissed the case in recompense [.] [What lis] based upon wrong remainIs] wrong [.] The questions presented are [:] *** Whether the District Judge has the authority to dismiss suit while his/her recusal remains pending and his/her disqualification and impartiality comes into question when and where the federal and state canon, statute and rule mandated otherwise? aialal *** Whether an email provider is authorized to provide a user's confidential "password" to any federal or state law enforcement agency to spy on him/her based on his/her religious faith, freedom of speech or national origin, and whether such an engagement of a malicious calculated conspiracy between both can hold them accountable and liable under the constitution with federal and . state law? : wie ; . iii *** Whether an unreasonable search seizure of an email property contains private information records executed without obtaining a search warrant or serving a proper notice violates the ~ Fourth Amendment right by the Constitution of , the United States? lead . . *** Whether a corporation conversion modifies the caption of the grandfathered action? alaial iv

Docket Entries

2019-03-25
Petition DENIED.
2019-03-06
DISTRIBUTED for Conference of 3/22/2019.
2019-02-26
Waiver of right of respondents Google LLC, et al. to respond filed.
2018-10-06
Petition for a writ of certiorari filed. (Response due March 4, 2019)

Attorneys

Assem A. Abulkhair
Assem A. Abulkhair — Petitioner
Assem A. Abulkhair — Petitioner
Google LLC, et al.
Jeffrey D. VanacorePerkins Coie LLP, Respondent
Jeffrey D. VanacorePerkins Coie LLP, Respondent