No. 21-7909

Kevin D. Moore v. United States

Lower Court: Fifth Circuit
Docketed: 2022-05-19
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: appointment-affidavit civil-procedure civil-rights civil-servant due-process federal-rules-of-evidence judicial-discretion oath-of-office standing united-states-attorney
Key Terms:
HabeasCorpus
Latest Conference: 2022-06-16
Question Presented (AI Summary)

Whether an individual who does not have an Appointment Affidavit and has not taken the Oath of Office can become a civil servant/Assistant United States Attorney

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) EVERY Supreme Court Justice currently seated, MUST have an Appointment Affidavit AND to have taken the/an Oath of Office to . defend/uphold the Constitution. If you DO NOT HAVE BOTH OF THESE Constitutionally required documents, you CANNOT become a civil servant/Supreme Court Justice, Therefore, can an individual who DOES , NOT HAVE an Appointment Affidavit AND HAS NOT taken the/an Oath of office, become a civil servant/assistant United States attorney ~ (AUSA) for the government? And if not, are ANY of the actions/job "duties previously performed, WITHOUT THESE DOCUMENTS and/or in that capacity, valid? 2) Did the lower court(s) abuse its/their discretion and/or violate the plain, concise, express language that Congress placed in Fed.R. | Evid. (FRE) Rule 201, when the court(s) failed/refused to take judicial notice of adjudicative facts/documents, when petitioner: “ A) requested the court(s) to take judicial notice; B) supplied the court(s) with the necessary information facts/documents, and then the USDC's recharacterization of hisFRE 201 into a second/successive : §2255? 3) Did the United States Court of Appéals (USCA) abuse its discretion when it refused to accept Petitioner's motion to file out-of-time . Fed.R.App.P (FRAP) Rule 40 [21-10088], and motion for an extention | z of time to file a FRAP 40 [20-11242], when the USCA denied his Application for a Certificate of Appealability (COA) on November 24, 2021, but petitioner did not receive the denials until December : 29, 2021, and was unable to send in his FRAP 40: 21-10088 and motion for extention of time, until January 10, 2022 due to: i) this prison's "modified lockdown" due to COVID-19 and ii) his “unit teams" absolute refusal to make copies of these court documents? And , when the 45th day was also January 10, 2022 pursuant to FRAP . Rule 26(a)(1)(C)? 4) Did the lower court(s) abuse its/their discretion when it/they failed/refused to adjudicate the merits of Petitioner's 59(e), when : he presented: A) facts showing the USDC failed to follow/abide by/ adhere to the plain, concise, express language in FRE 201; B) facts ii straight out of the record, that show his claim AGAINST AUSA-Ms ; Aisha Saleem, has never been adjudicated on its merits that a “restatement” of the claim is NOT any type of adjudication for . double jeopardy purposes; C)° facts showing that Ms Saleem has =: remained completely silent and has NEVER BEEN ORDERED/ COMPELLED to defend herself, by ANY court? ‘ |! | | | . iii

Docket Entries

2022-06-21
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2022-06-01
DISTRIBUTED for Conference of 6/16/2022.
2022-05-24
Waiver of right of respondent United States to respond filed.
2022-02-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 21, 2022)

Attorneys

Kevin D. Moore
Kevin Moore — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent