No. 21-5005

Erwin Eugene Semien v. United States

Lower Court: Fifth Circuit
Docketed: 2021-07-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 5th-amendment administrative-claim due-process federal-tort-claims-act first-amendment jones-v-bock jurisdictional-threshold supreme-court-precedent
Latest Conference: 2021-09-27
Question Presented (AI Summary)

Did the lower courts violate Semien's right to due process under the 5th Amendment due process clause by failing to follow Supreme Court precedent established in Jones v. Bock, 549 U.S. 199 (2007)?

Question Presented (OCR Extract)

No question identified. : QUESTION[S) PRESENTED QUESTION ONE: DID THE LOWER COURTS VIOLATE SEMIEN'S RIGHT TO DUE PROCESS UNDER THE Sth AMENDMENT DUE PROCESS CLAUSE BY FAILING TO FOLLOW SUPREME COURT PRECEDENT ESTABLISHED IN JONES V. BOCK, 549 U.S. 199 (2007)? : QUESTION TWO: DID THE LOWER COURTS VIOLATE SEMIEN'S 1st AMENDMENT RIGHTS “TO PETITION THE GOVERNMENT FOR REDRESS OF GRIEVANCES” BY . FAILING TO FOLLOW SUPREME COURT PRECEDENT ESTABLISHED IN JONES V. ; BOCK, 549 U.S. 199 (2007)? QUESTION THREE: DID THE LOWER COURT ERROR BY REQUIRING A “SPECIFIC” EMPLOYEE FOR THE GOVERNMENT TO BE NAMED IN AN ADMINISTRATIVE CLAIM UNDER THE FEDERAL TORT CLAIMS ACT (28 U.S.C. 1346(b)) BEFORE THAT CLAIM CAN BE PROPERLY BE CONSIDERED AND PRESENTED IN FEDERAL COURT CONFLICT SUPREME COURT PRECEDENT ESTABLISHED IN JONES V. BOCK, 549 U.S. 199 (2007)? QUESTION FOUR: DID SEMIEN, BY THE INCLUSION OF THE “BROKEN CHAIR’ IN HIS : ADMINISTRATIVE CLAIM MEET THE JURISDICTIONAL THRESHOLD UNDER THE FEDERAL TORT CLAIMS ACT AND THIS COURT'S DECISION IN JONES V. BOCK, 549 ; U.S. 199 (2007)? a

Docket Entries

2021-10-04
Petition DENIED.
2021-08-05
DISTRIBUTED for Conference of 9/27/2021.
2021-08-02
Waiver of right of respondent United States to respond filed.
2021-06-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 2, 2021)

Attorneys

Erwin Eugene Semien
Erwin Eugene Semien — Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent