No. 21-6543

Craig Steven MacKenzie v. Marcia L. Fudge, Secretary of Housing and Urban Development, et al.

Lower Court: District of Columbia
Docketed: 2021-12-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure claim-preclusion court-of-appeals due-process issue-preclusion judicial-doctrine res-judicata standing
Key Terms:
AdministrativeLaw JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (AI Summary)

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 (OCR Extract)

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

Docket Entries

2022-02-22
Petition DENIED.
2022-01-13
DISTRIBUTED for Conference of 2/18/2022.
2022-01-06
Waiver of right of respondent Fudge, Marcia, et al. to respond filed.
2021-12-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 6, 2022)

Attorneys

Craig MacKenzie
Craig Steven MacKenzie — Petitioner
Fudge, Marcia, et al.
Elizabeth B. PrelogarSolicitor General, Respondent