No. 18-9532

Lemuel Clayton Bray v. United States

Lower Court: Tenth Circuit
Docketed: 2019-06-04
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 14th-amendment civil-rights constitutional-interpretation due-process equal-protection feres-doctrine military-compensation retaliation sovereign-immunity veterans-affairs veterans-rights
Key Terms:
DueProcess
Latest Conference: 2019-11-08 (distributed 2 times)
Question Presented (AI Summary)

Are U.S. War Veterans and active duty military separate and unequal citizens under the Constitution?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Are U.S. War Veterans and active duty military separate and unequal citizens under the Constitution, Article I, Section 8, Paragraph 14, despite the 14, the 14 Section 4, the 5% the 7, the 9t Amendments? 2. Is the Feres Doctrine Constitutional? Should it be revisited? 3. Where does the United States Government ascribe the right to “sovereign immunity” from being sued in the Constitution or Constitutional law? 4. Is the Constitution the “sovereign” of the United States? 5. Has Amendment 14, Section 4 modified Article I, Section 9, paragraph 6 of the Constitution? 6. Does Amendment 14, Section 4 preclude back pay for veterans compensation from being anything but in current dollars? 7. Is the denial of 5" Amendment due process by the United States a precipitating cause of many of the veteran suicides that have raised the rate to almost 2.5 times the National average? 8. Are veterans of United States military wars constitutionally denied protection of the 7" Amendment? . 9. Does the Petitioner’s RBA before the CAVC show the DVA has retaliated against the Petitioner because of his First Amendment right of activism? 10.Does the Constitution divide the United States into sections including a section, the Executive Administration (the “government”) and a section, the People such that a claim of “due process” is against the government and not inclusive of the voting public? 11.Do the Clerks of the Appeal Courts have to follow FRAP and the Court’s Rules under 5" Amendment Due Process Rights? 12. Is the Constitution the highest precedence, even where common law applies, for all citations? 13. Are veteran compensations guaranteed from the date of demonstrated of entitlement under the 14" Section 4, not to be limited by a claim or SOL? 14. Duty of the DVA to be proactive? Can the veteran, due to TBI and/or PTSD, put off a claim without suffering property right loss of compensation from the first date of entitlement? _— 15. Is it due process to allow the DVA unlimited time .to decide while oo. veterans must adhere to strict SOL requirements? ii

Docket Entries

2019-11-12
Petition DENIED.
2019-10-24
DISTRIBUTED for Conference of 11/8/2019.
2019-10-18
Petitioner complied with order of October 7, 2019.
2019-10-07
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 28, 2019, 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.
2019-07-11
DISTRIBUTED for Conference of 10/1/2019.
2019-06-28
Waiver of right of respondent United States to respond filed.
2019-06-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 5, 2019)

Attorneys

Lemuel C. Bray
Lemuel Clayton Bray — Petitioner
Lemuel Clayton Bray — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent