No. 18-6420

Gregory P. Nesselrode v. Betsy DeVos, Secretary of Education

Lower Court: Sixth Circuit
Docketed: 2018-10-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: amount-in-controversy due-process federal-tort-claims-act jurisdiction sovereign-immunity student-loans tucker-act
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2019-01-04
Question Presented (AI Summary)

Whether the 'Tucker Act' and 20 U.S.C. § 1082(a)(2) overrule the 'Federal Tort Claims Act' and grant jurisdiction for petitioner to sue respondent without regard to the amount in controversy in any U.S. District Court is constitutional without respondent sovereign immunity

Question Presented (from Petition)

QUESTIONS PRESENTED 1. WHETHER THE “TUCKER ACT” AND UNDER 20 § 1082(a)(2) OVERRULES THE “FEDERAL TORT CLAIMS ACT” GRANTS JURISDICTION FOR PETITIONER TO SUE RESPONDENT WITHOUT REGARD TO THE AMOUNT IN CONTROVERSY IN ANY U.S. DISTRICT COURT IS CONSTITUTIONAL WITHOUT RESPONDENT SOVEREIGN IMMUNITY. 2. WHETHER THIS COURT “DUE PROCESS LAW: ... WHEN A PROCESS IS DUE ... A PROCESS IS DUE WHEN PETITIONER IS INFRINGED UPON AND DENIED PRIVILEGES TO CONTINUE AND EDUCATION ...” AND UNDER 28 U.S.C. § 1653, 28 U.S.C. § 1733(a) IS VIOLATED WITH EXHIBIT F, UNAUTHORIZED FEDERAL STUDENT LOANS FROM 2000 TO 2006 IS DEFAULTED BY RESPONDENT IN 2010, PETITIONER IS IN GOOD STANDING OF ALL LOANS BY RESPONDENT, EXHIBIT G, THE COURT SHOULD DECLARE DUE PROCESS IS VIOLATED AND DENY . RES JUDICATA, CLAIM PRECLUSION, AND ISSUES PRECLUSION IN ALL LOWER COURTS AND ALL PRIOR COURTS ORDERES AND JUDGMENTS SHOULD BE UNCONSTITUTIONAL. 3. WHETHER THE “DUE PROCESS LAW”, “TUCKER ACT”, STATUES 28 U.S.C. § 1653, 28 U.S.C. § 1733(a), 20 U.S.C. §9703(a)(2)(E), 20 U.S.C. § 1092(c), 20 U.S.C 31 § 1221-1, 28 U.S.C. § 1346, 28 U.S.C. §1331, AND 20 § 1082(a)(2), THE COURT SHOULD MANDATE THESE LAWS INTO THE “BILL OF RIGHTS” TO GRANT ALL STUDENTS INCLUDING PETITIONER THE PRIVILEGE TO FINANCE AN EDUCATION WITH RESPONDENT WITHOUT FINANCIAL BARRIERS TO SUPPORT TRANSPARANT LOANS SHOULD BE CONSTITUTIONAL. 2

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-11-23
Waiver of right of respondent Betsy DeVos, Secretary of Education to respond filed.
2018-10-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 23, 2018)

Attorneys

Betsy DeVos, Secretary of Education
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Gregory Nesselrode
Gregory P. Nesselrode — Petitioner
Gregory P. Nesselrode — Petitioner