No. 20-8177

Michael T. Brooks v. Agate Resources, Inc.

Lower Court: Ninth Circuit
Docketed: 2021-06-01
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: americans-with-disabilities-act civil-procedure due-process federal-rules informa-pauperis judicial-procedure pro-se-plaintiff rehabilitation-act retaliation standing
Key Terms:
DueProcess Securities HealthPrivacy Privacy JusticiabilityDoctri
Latest Conference: 2021-06-24 (distributed 2 times)
Question Presented (AI Summary)

Can the federal courts ignore the Federal Rules?

Question Presented (OCR Extract)

QUESTIONS PRESENTED ; 1. Can the federal courts ignore the Federal Rules? Brooks was granted informa paupetis status at the District Court when he first filed this case in 2015 by District Court Judge Thomas Coffin. The Appeals Court dismissed 19-71240 in violation of FRAP 24 ignoring the fact that Brooks already had informa pauperis status at the district court level. Brooks provided the appellate court with the original grant of informa pauperis and records showing his financial status had worsened since then. District Judge Aiken of the Oregon District Court assigned Magistrate Judges in violation of FRCP 73. Two different Magistrate Judges with conflicts of interest were assigned by Judge Aiken ignored Roell et al. v. Withrow, No. 02-69 (2003). Judge Aiken retaliated against Brooks for opposing those appointments and dismissed his wrongful termination case. 2. Are the federal courts subject to the Rehabilitation Act and the American’s With Disabilities Act and the ADAAA extensions? Brooks wrote a request for a stay while he recovered from a seven hour long heart surgery on January 31, 2020. Instead of granting that, the Court issued multiple Orders and a team of three defense counselors filed motions; more than 700 pages of documents and 30+ motions, with the Courts all piling on with Orders. * The Court denied counsel to Brooks who is paralyzed on the left side and has had : three major surgeries in the last 18 months cancer, upper spine, and heart. Brooks cannot sit up for more than 10 minutes, walk, or even sleep (his swallow reflex is gone. Brooks was terminated by his employer after the cancer diagnosis and the spinal injury result from an on the job accident. The employer cancelled Brooks medical insurance, refused to even offer Cobra, literally tore up requests for Workman’s Compensation medical for on the job injuries (detached retina, broken foot, lower back herniated disks). Those are STILL without necessary care. Brooks’s former employer controls “Authorization Approvals” in Oregon and denied Brooks an MRI and treatment for 14 months causing spinal compression nerve damage to reflexes and Brooks’ heart. Brooks cannot sleep laying down without choking from an impaired swallow reflex, is paralyzed on the left side cannot move his : neck because four disks and two vertebrae were destroyed. As a result of a torn spinal sheath (Mylin Sheath) is suffering from the onset of MS: -» in MS, the sheath covering nerve fibers in the brain and spinal cord becomes , : damaged, slowing or blocking electrical signals from reaching the eyes, muscles and other parts of the body. This sheath is called myelin...Although several ireaiments and medications alleviate the symptomy of MS. there is no cure. "There are no drugs available today that will re-myelinate the de-myelinated axons and nerve fibers, and ours does that." said senior author Tom Scanlan, March 29, 2021 Page iii of xiii Writ of Certiorari re:19-35547 REDACTED Ph.D., professor of ‘physiology and Pharmacology in the OHSU School of : Medicine. 3. Are attorney’s allowed to misrpresent fact (lie) to the court and Pro Se Plaintiffs? Can the Article 3 Courts ignore this?

Docket Entries

2021-06-28
Petition DENIED.
2021-06-09
DISTRIBUTED for Conference of 6/24/2021.
2021-06-01
Motion (20M82) of respondent for leave to file the petition for a writ of certiorari under seal with redacted copies for the public record Granted.
2021-06-01
Waiver of right of respondent Agate Resources, Inc. to respond filed.
2021-05-11
DISTRIBUTED for Conference of 5/27/2021.
2021-05-04
Reply (20M82) of respondent in support of motion for leave to file the petition for a writ of certiorari under seal with redacted copies for the public record filed.
2021-04-27
Response (20M82) of petitioner to motion of respondent for leave to file the petition for a writ of certiorari under seal with redacted copies for the public record filed.
2021-04-19
Motion (20M82) of respondent for leave to file the petition for a writ of certiorari under seal with redacted copies for the public record filed.
2021-01-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 1, 2021)

Attorneys

Agate Resources, Inc.
Rachel Catherine LeeStoel Rives LLP, Respondent
Rachel Catherine LeeStoel Rives LLP, Respondent
Michael T. Brooks
Michael T. Brooks — Petitioner
Michael T. Brooks — Petitioner