No. 21-6291

Zoltan Barati v. Ashley Moody, Attorney General of Florida, et al.

Lower Court: Eleventh Circuit
Docketed: 2021-11-16
Status: Denied
Type: IFP
IFP
Tags: case-dismissal circuit-split constitutional-rights dismissal-standard due-process federal-jurisdiction judicial-oversight qui-tam relator sequoia-dismissal
Latest Conference: 2022-01-14
Question Presented (from Petition)

Whether the 11th Circuit can eliminate due process requirements of Qui Tam - relator progressed - case dismissals while other circuits rely on Sequoia Dismissal Standards? Whether the relator 's right can be abolished without judicial oversight, "without leave of court " dismissal, immediately divesting jurisdiction to review by all Courts. Raising the question of when the single-party of interest dismissal standard (Swift "Dismissal Standard "), and when the dual party of interest (Sequoia "Dismissal Standard ") applies? Whether a cause of action is a protected property interest, whether the due process of relator 's right is federally mandated, and w'hetherthe due process of an executive action over a judicial oversight case should be identical among Circuits (5th Amendment) and States (14th Amendment)? The question of who has the jurisdiction to review the Fourteenth Amendment claim of a State False Claims Act case dismissal when a cause of action is extinguished without constitutional terms, despite that the State and State Court gave right to the relator to proceed and scheduled the case for trial?

Question Presented (AI Summary)

Whether the 11th Circuit can eliminate due process requirements of Qui Tam - relator progressed - case dismissals while other circuits rely on Sequoia Dismissal Standards?

Docket Entries

2022-01-18
Petition DENIED.
2021-12-30
DISTRIBUTED for Conference of 1/14/2022.
2021-11-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 16, 2021)

Attorneys

Zoltan Barati
Zoltan Barati — Petitioner