No. 18-5277

Roger Charles Day, Jr. v. Office of the President

Lower Court: District of Columbia
Docketed: 2018-07-19
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: administrative-procedures-act agency-action due-process equal-protection executive-office-of-president federal-jurisdiction habeas-corpus judicial-review standing title-18-usc-3192 title-5-usc-551
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether the Executive Office of the President is required to provide hearing and adjudication to the aggrieved petitioner under Title 5 U.S.C. §§ 551 et seq., whether the lower courts violated Title 5 § 706 by failing to provide substantial evidence review, and whether the lower court violated the petitioner's due process and equal protection rights by failing to order the Executive Office of the President to provide a hearing as required under Title 5 U.S.C. §§ 551 et seq.

Question Presented (from Petition)

QUESTION(S) PRESENTED 1) Whether the Executive Office of the President is required, as an agency of the Federal Government.to provide hearing and adjudication to the aggrieved Petitioner under Title 5 U.S.C. §§ 551 et seq.? 2) Whether the District Court and the Lower Court violated Title 5 § 706 by failing to provide substantial evidence review as required by the Administrative Procedures Act? 3+ Whether the Lower Court, having found the Administrative Procedures Act applicable to the Executive Office of the President (Judicial Watch, Inc. v. Dept. of Justice, 356 F.3d 361, HN1 (CA D.C. 2004)), violated the Due Process and Equal Protection Constitutional Rights of the Petitioner by failing to order the Executive Office of the President to. provide a hearing as Title 5 U.S.C. §§ 551 et seq. provides? 4) Whether the relief afforded by Title 5 U.S.C. §§ 551 et seq. » is the same as that of Habeas Corpus relief for violation of Title 18 U.S.C. § 3192 and can be substituted as did the ; Lower Court? ; III ;

Docket Entries

2018-10-01
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2018-08-23
DISTRIBUTED for Conference of 9/24/2018.
2018-08-20
Waiver of right of respondent Office of the President to respond filed.
2017-12-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 20, 2018)

Attorneys

Office of the President
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Roger Charles Day
Roger Charles Day Jr. — Petitioner
Roger Charles Day Jr. — Petitioner