No. 19-1413

Armin Abazari v. Department of Education, et al.

Lower Court: Ninth Circuit
Docketed: 2020-06-24
Status: Denied
Type: Paid
Response Waived
Tags: 5th-amendment 7th-amendment civil-procedure civil-procedure-rules complaint dismissal due-process equal-protection federal-rules-of-civil-procedure first-amendment objections procedural-due-process sovereign-immunity standing
Key Terms:
SocialSecurity ERISA DueProcess FirstAmendment FifthAmendment
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Whether the District Court must consider an opportunity to present objections under F.R.C.P. §72(b)(2) prior to a ruling on a dismissal of a Complaint

Question Presented (OCR Extract)

QUESTIONS PRESENTED A. 1. Whether the District Court must consider an opportunity to present objections under F.R.C.P. §72(b)(2) prior to a ruling ona dismissal of a Complaint. 2. Whether the District Court must consider objections de novo under F.R.C.P. §72(b)(8) prior to a ruling on a dismissal of a Complaint. . 3. Whether the District Court Justice who acted in terminating Plaintiffs suit was neutral and detached. 4. Whether Dr. Abazari’s Procedural Due Process rights under the 5 Amendment were violated by the District Court’s termination of Dr. Abazari’s entire action. ; B. Whether Dr. Abazari’s Equal Protection rights under the 5 Amendment were violated on the basis of discrimination against persons : of Iranian descent. Cc. Whether Tripati v. First Nat’l Bank & Tr., 821 F.2d 1368, 1369 (9t Cir. 1987) provides unfettered discretion to Judges to : ~ restrict the 1s* Amendment right to petition the government for a redress of grievances. D. Whether the Appellate Court’s entry of Judgement functioned as a prior restraint on plaintiffs exercise of the 1s‘ Amendment right to seek redress of his grievances to the United States Supreme Court, where Plainitffs bar exam was set to occur on September 8, 2020, and where the Court uses the collective terms: “not for publication,” “frivolous or without merit,” “state law claims.” . ; : " . E. Whether the Appellate Court’s Judgment is unconstitutionally vague. F. Whether the Appellate Court’s Judgment presents an impermissible restriction on the exercise of communicative conduct through the filing of an appeal to a . higher Court in violation of Plaintiffs : Substantive Due Process rights. G. Whether Dr. Abazari’s Procedural Due Process rights under the 5s Amendment were violated by the Appellate Court’s Judgment. J. Whether the District Court violated Dr. Abazari’s 7 Amendment right to a trial by jury. K. 1.Whether the District Court has met its burden of proof on its assertion of Sovereign Immunity claims. 2. Whether the District Court has met its : burden of proof on its assertion of Issue Preclusion.

Docket Entries

2020-10-05
Petition DENIED.
2020-08-12
DISTRIBUTED for Conference of 9/29/2020.
2020-07-22
Waiver of right of respondents U.S. Dept. of Education, et al. to respond filed.
2020-05-27
Petition for a writ of certiorari filed. (Response due July 24, 2020)

Attorneys

Armin Abazari
Armin Abazari — Petitioner
Armin Abazari — Petitioner
U.S. Dept. of Education, et al.
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent