No. 21-6038

In Re Brian David Hill

Lower Court: N/A
Docketed: 2021-10-21
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: constitution constitutional-violations district-court due-process fraud-on-court fraud-on-the-court habeas-corpus judicial-rebellion north-carolina supreme-court-authority uncontested-motions
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2022-01-07 (distributed 2 times)
Question Presented (AI Summary)

Where the U.S. District Court for the Middle District of North Carolina had systematically and repeatedly deprived a Petitioner of Due Process of Law under the Constitution, allow the multitudes of Fraud on the Court upon its record and repeatedly refused to correct its record after the proven fraud upon its record proven by the Uncontested Motions of the Petitioner?

Question Presented (from Petition)

Questions Presented Where the U.S. District Court for the Middle District of North Carolina had systematically and repeatedly deprived a Petitioner of Due Process of Law under the Constitution, allow the multitudes of Fraud on the Court upon its record and repeatedly refused to correct its record after the proven fraud upon its record proven by the Uncontested Motions of the Petitioner? Where the U.S. District Court and U-S. Court of Appeals have acted autonomously by ignoring the Supreme Court case law authorities, controlling case law. Not just repeatedly ignoring or disregarding evidence, witnesses, and proper legal rules and procedures to bully an innocent man for years? Where the U.S. District Court had deprived the Petitioner of rights guaranteed and enumerated by United States Constitution and of the U.S. Supreme Court (“SCOTUS”) by bucking this highest Court’s authoritative laws of the Court, acting in , REBELLION against SCOTUS? ii Where the U.S. Court of Appeals had repeatedly over ten times had protected the repeated Constitutional violations of law and Due Process violations by rubber stamping every appeal to be favorable to the offending District Court and always favorable to the prosecuting attorney of the United States of America? Where the U.S. Court of Appeals knew that the SCOTUS had ruled differently regarding different matters concerning Constitutional rights such as (#1) the right to a Jury Trial for Federal Supervised Release Violation charges carrying imprisonment terms; (#2) such as the right for a criminal defendant and 2255 Petitioner to bring forth the ground of Actual Innocence to overcome a one year statute of limitations time bar; (#3) such as regarding the inherit or implied powers concerning valid uncontested or proven Fraud on the Court claims? Where both the U.S. Court of Appeals and the U.S. District Court had acted in REBELLION against SCOTUS authoritative case laws not just once but iii multiple times and so remedy cannot be obtained in the lower Courts anymore or any further? Where the “due process of law” clause of the U.S. Constitution, Amendment V, is being deprived and ignored by the U.S. District Court in the Middle district of North Carolina and the supervisory Court known as the U.S. Court of Appeals by denying | uncontested Hazel Atlas motions? , Where the errors have piled up throughout the U.S. District Court criminal case, 2255 civil case, and have done nothing to correct the fraud. They have done nothing to correct the errors, and they have done nothing to correct their autonomous decisions contrary to SCOTUS on multiple occasions. Will the Supreme Court grant extraordinary relief to strike | down those null and void decisions? Where relief cannot be obtained by direct appeal, by Habeas Corpus, by the Court’s inherit or implied powers? Where no relief can be obtained at all | no matter what evidence, witnesses, and expert witnesses is ever offered or submitted? iv | Where the bias and prejudice are well within | the record of the District Court, that the treatment , | and respect for U.S. Probation Officer Jason | McMurray the truthful officer differs from the treatment and respect of U.S. Probation Officer Kristy L. Burton the perjurer? Where due process had been completely deprived with no fairness, no impartiality under the adversarial system? Where both Courts are engaging in excess of jurisdiction by depriving Petitioner of due process systematically as it is shown on the record how it is | systematically being conducted? | Where both Courts are systematically ignoring evidence and witnesses when favorable to the criminal defendant even when the Federal Criminal Prosecutor’s evidence which was reviewed by the Grand Jury actually may also be favorable to the criminal defendant that it also gets ignored and disregarded by both Courts acting in rebellion against common sense and the law? v

Docket Entries

2022-01-10
Rehearing DENIED.
2021-12-15
DISTRIBUTED for Conference of 1/7/2022.
2021-12-01
Petition for Rehearing filed.
2021-11-15
Petition DENIED.
2021-10-28
DISTRIBUTED for Conference of 11/12/2021.
2021-10-25
Waiver of right of respondent United States to respond filed.
2021-10-08
Petition for a writ of mandamus and/or prohibition and motion for leave to proceed in forma pauperis filed. (Response due November 22, 2021)

Attorneys

Hill, In Re Brian David
Brian David Hill — Petitioner
Brian David Hill — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent