No. 18-9704

Andre Javion Portee v. Department of Agriculture, et al.

Lower Court: Fourth Circuit
Docketed: 2019-06-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law civil-rights contract contract-breach contract-law discrimination due-process equal-protection government-agency-misconduct governmental-agency standing takings title-insurance
Key Terms:
SocialSecurity DueProcess
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Did the lower courts erroneously decide in favor of a governmental agency that broke a contract between a Black American citizen and that agency?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Did the Natural Resources Conservation Service (NRCS) or Agency officials located in Beckley, West Virginia discriminated against the Petitioner on the bases of color (Black ), sex, (male ) age (52 then) national origin (African American }, retaliation (reprisal ) . 2. Did the NCRS or Agency officials, using and twisting laws around for their benefit to discriminate against the Petitioner to keep the Petitioner from moving forward in the program? : 3. Did the NCRS or Agency officials, hack the Petitioner home, business landline number without just cause and or warrant? : 4. Did the NCRS or Agency officials, twist around interpretations of applications, breeching the contract? 5. Did the NCRS or Agency officials after three years having ranked Petitioners property as rental property with a $30,000 incentive, later removing Petitioner off the list, stating there was no documents in the file? 6. Did the received stamp three years before, reflect that the documents were in the file already and received? 7. Did NCRS or Agency officials, delay the processing of the Petitioner application in the Dunloup Creek Watershed Buyout Project from January 2012 through 2014. 8. Did NCRS or Agency officials, refuse to issue title insurance on the Petitioner property from January 2012 through 2014? : 9. Did NCRS or Agency officials, change the Petitioner property from rental property to vacant property when he called for a status on his application and told him of changes in his ranking status in January 2012? 10. Did NCRS or Agency officials, removed the Petitioner name off list of participants for the Dunloup Watershed Buyout Project in June 2012, 11. Did NCRS or Agency officials, refuse and or deny the request to clear the title and informed the Petitioner on December 2, 2013 that his application would be withdrawn as of December 13, 2013, if he could not clear title? 12. Does the State Auditor of land sales, not the sheriff auctions in the state of West Virginia give clean, good, marketable, titles to their purchasers? : 13. Was the Petitioner title from the State of West Virginia a good, clean marketable, title from the State * Auditor of land sales? 14 .Did the lower courts erroneously decide in favor of a governmental agency that broke a contract : between a Black American citizen and that agency? 15. Did the lower courts erroneously decide in favor of a governmental agency by ignoring the Petitioner had an original contract? 16. Was that contract made by an NCRS agent within the governmental agency that was nullified by an NCRS agent different from the original NCRS agent? 17. Did the lower courts erroneously decide in favor of a governmental agency by ignoring the Petitioner had an original contract that was breeched three (3) years later by an NCRS agent different from the original NCRS agent? 18. Did the lower courts erroneously decide in favor of a governmental agency that had an agent alleging there were no records in Petitioner file, then ignoring the contract when presented? 19. Did the lower courts erroneously decide in favor of a governmental agency that maliciously had the Petitioner complete a different application with language that could be misinterpreted ignoring the original contract therefore breeching? 20. Did the lower courts erroneously decide in favor of ignoring the Petitioner citizen rights, Amendment 14 in our Constitution? 21. Did the lower courts consider Exhibits presented?

Docket Entries

2019-10-07
Petition DENIED.
2019-07-05
DISTRIBUTED for Conference of 10/1/2019.
2019-06-26
Waiver of right of respondent USDA, et al. to respond filed.
2019-06-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 19, 2019)

Attorneys

Andre J. Portee
Andre J. Portee — Petitioner
Andre J. Portee — Petitioner
USDA, et al.
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent