Craig Steven MacKenzie v. Marcia L. Fudge, Secretary of Housing and Urban Development, et al.
AdministrativeLaw JusticiabilityDoctri
Can the US. Court of Appeals for the District of Columbia deprive petitioner of a full and fair opportunity to be heard by mis-applying the judicial doctrine of res judicata, claim preclusion and issue preclusion?
QUESTION PRESENTED Can the US. Court of Appeals for the District of Columbia deprive petitioner of a full and fair . . opportunity to be heard by mis-applying the judicial doctrine of res judicata, claim preclusion (see a), infra.) and issue preclusion (see b), infra.), when the prior Judgment is: a) “a first decision supported by findings that deny the power of the court to decide the case on the merits and by findings that go to the merits”, and b) “a judgment of a court of first instance based on determinations of two issues, either of which standing independently would be sufficient to ‘ support the result, the judgment is not conclusive with respect to either issue standing alone”, contradicting numerous U.S. Courts of Appeal who . have held otherwise under the same circumstances? ii