No. 18-8663

Donald E. Mallory v. William P. Barr, Attorney General

Lower Court: Sixth Circuit
Docketed: 2019-04-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: cestui-que-trust civil-procedure civil-rights constitutional-rights due-process government-immunity incarceration judicial-review standing takings vested-property vested-property-rights
Key Terms:
DueProcess Takings FourthAmendment Securities JusticiabilityDoctri
Latest Conference: 2019-05-23
Question Presented (AI Summary)

Is a pre-1933 private U.S. citizen and cestui que trust who is not an enemy, ally of an enemy, or foreign national precluded from suing the U.S. government for the return of vested private trust property under 50 U.S.C. Sec. 4309(a) because of incarceration?

Question Presented (OCR Extract)

QUESTIONS PRESENTED (1) IS A PRE~1933 PRIVATE U.S. CITIZEN AND CESTUI QUE TRUST WHO IS NOT AN ENEMY, ALLY OF AN ENEMY, OR FOREIGN NATIONAL PRECLUDED FROM SUING THE U.S. GOVERNMENT FOR THE RETURN OF VESTED PRIVATE TRUST PROPERTY UNDER 50 U.S.C. SEC. 4309(a) BECAUSE OF INCARCERATION? (2) DID THE LOWER COURTS' RULINGS VIOLATE THE CESTUI QUE TRUST PETITIONER'S 1st, 5th, 9th, & 14th AMENDMENT RIGHTS OF THE U.S. CONSTITUTION WHEN: (a) DENIED THE REDRESS OF GRIEVANCE; (b) JUST COMPENSATION, (c) PROTECTION OF THE CONSTITUTION AND, (@) DUE PROCESS BY REFUSING JUDICIAL REVIEW UNDER 50 U.S.C. SEC. 4309(a):WHERE ARTICLE III ALLOW SUCH SUIT AGAINST THE GOVERNMENT? eet

Docket Entries

2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-05-02
Waiver of right of respondent Barr, William to respond filed.
2019-03-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 2, 2019)

Attorneys

Barr, William
Noel J. FranciscoSolicitor General, Respondent
Donald Mallory
Donald E. Mallory — Petitioner