No. 20-6476

Derrick Michael Allen, Sr. v. United States

Lower Court: Fourth Circuit
Docketed: 2020-11-30
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 28-usc-1495 28-usc-2513 certificate-of-innocence court-of-appeals dismissal district-court federal-court-of-claims fourth-circuit jurisdiction rehaif-v-united-states statutory-interpretation technical-claim
Latest Conference: 2021-02-26 (distributed 2 times)
Question Presented (from Petition)

When the U.S. Court of Appeals for the Fourth Circuit erred by affirming the District Court's dismissal of petitioner's claim of "tortious interference" with U.S.C. § 1513 [open through the Federal Court of Claims No. 90-6493, pursuant to Court of Claims 28 U.S.C. § 1491], saying the Supreme Court vacated the judgment in 1983 in Ivy Corp. of New v. United States, 533 U.S. 3-5.

Question Presented (AI Summary)

Whether the U.S. Court of Appeals for the Fourth Circuit erred in affirming the district court's denial of a certificate of innocence in 28 U.S.C. § 2513, even though the Federal Court of Claims has jurisdiction pursuant to 28 U.S.C. § 1495 and the Supreme Court vacated the judgment in light of Rehaif v. United States, 588 U.S. — (2019)

Docket Entries

2021-03-01
Rehearing DENIED.
2021-02-10
DISTRIBUTED for Conference of 2/26/2021.
2021-02-03
Petition for Rehearing filed.
2021-01-19
Petition DENIED.
2020-12-30
DISTRIBUTED for Conference of 1/15/2021.
2020-12-17
Waiver of right of respondent United States to respond filed.
2020-11-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 30, 2020)

Attorneys

Derrick Michael Allen, Sr.
Derrick Michael Allen Sr. — Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent