Kuang-Bao Ou-Young v. John G. Roberts, Jr., Chief Justice, Supreme Court of the United States, et al.
DueProcess
Whether a three-judge court should have adjudged the FTCA case
QUESTIONS PRESENTED On May 2, 2017, the U.S. attorney’s office for northern California instituted a criminal action © against petitioner. On December 19, 2017, the U.S. district court for northern California committed petitioner to competence restoration at Federal Medical Center, Butner, North Carolina. As a result, petitioner applied for a writ of habeas corpus with the U.S. district court for eastern a North Carolina on April 5, 2018. The latter district court dismissed the application on September 17, 2018. The denial led to petitioner’s September 28, 2018 complaint based on Federal Tort Claims Act (“FTCA”). The FTCA complaint challenges the constitutionality of certain federal statutes as well. On October 30, 2018, the California district court dismissed the criminal case without prejudice. On October 2, 2019, the district court for eastern North Carolina dismissed the FTCA case. U.S. Court of Appeals for the Fourth Circuit upheld said dismissal on March 12, 2020 and denied the | ; ensuing petition for rehearing en banc on May 26, 2020. Thus, the following questions are presented for review: 1. Should a three-judge court instead of a single judge at the North Carolina district court adjudge the FTCA case? "2. Does denial of certiorari justify dismissal of said FTCA case? . . (i) : PARTIES TO PROCEEDING ‘ Petitioner Kuang-Bao P. Ou-Young is a citizen of the State of California and the United States. Respondents are John G. Roberts, Jr., Chief Justice of the United States; Anthony M. Kennedy, retired Associate Justice, U.S. Supreme Court; Stephen G. Breyer, Associate Justice, U.S. Supreme Court; Ruth Bader Ginsburg, . Associate Justice, U.S. Supreme Court; Samuel A. Alito, Jr., Associate Justice, U.S. Supreme Court; Maxine M. Chesney, district judge, U.S. district court for northern California; William H. Orrick, district judge, U.S. district : court for northern California; Lucy H. Koh, district judge, U.S. district court for northern California; Beth Labson : Freeman, district judge, U.S. district court for northern California; D. Lowell Jensen, retired district judge, U.S. district court for northern California; Terrence B. Boyle, chief judge, U.S. district court for eastern North Carolina; | Joseph C. Spero, chief magistrate judge, U.S. district court for northern California; Susan van Keulen, magistrate judge, U.S. district court for northern California; Susan Y. Soong, clerk, U.S. district court for northern California; : Alex G. Tse, former acting U.S attorney for northern California; Brian J. Stretch, former U.S. attorney for northern California; Barbara J. Valliere, assistant U.S. attorney, U.S. attorney’s office for northern California; Daniel Kaleba, assistant U.S. attorney, U.S. attorney’s office for northern California; Shiao Lee, assistant U.S. attorney, U.S. attorney’s office for northern California; Maia Perez, assistant U.S. attorney, U.S. attorney’s office for northern California; Donald M. O’Keefe, U.S. marshal for northern California; Robert D. Pettit, former acting U.S. marshal for eastern North Carolina, Mare A. Harwell, supervisory deputy U.S. marshal, San Jose office, U.S. : marshal for northern California; Chris Yamaguchi, court (ii) security officer, San Jose courthouse, U.S. district court for northern California, Mary Guttoruson, court security officer, San Jose courthouse, U.S district court for northern California; J. C. Holland, complex warden, Federal Correctional Complex, Butner, North Carolina; T. Smith, warden, Federal Medical Center (“FMC”), Butner, North ~ i Carolina, A. W. Rupska, associate warden, FMC, Butner, North Carolina; L. Wheat, chief psychologist, FMC, Butner, North Carolina; R. Koch, forensic psychologist, FMC, Butner, North Carolina; Joseph S. Zonno, forensic psychologist, FMC, Butner, North Carolina; L. Graddy, staff psychiatrist, FMC, Butner, North Carolina; Charles L. Griffin, case manager, FMC, Butner, North Carolina; J. Wiggins, counselor, FMC, Butner, North Carolina;