No. 22-1086

Tatyana Evgenievna Drevaleva v. Department of Veteran Affairs, et al.

Lower Court: Tenth Circuit
Docketed: 2023-05-08
Status: Denied
Type: Paid
Response Waived
Tags: appeals civil-procedure court-authority due-process federal-courts federal-rules-civil-procedure jurisdiction procedural-defect service-of-process standing summons-requirements
Key Terms:
Environmental AdministrativeLaw SocialSecurity Securities Immigration
Latest Conference: 2023-06-15
Question Presented (AI Summary)

Did both the U.S. District Courts have a right to issue any ruling if the defendant was not properly served?

Question Presented (OCR Extract)

Questions presented. 1) Did both the U.S. District Courts for the Northern District of California (Judge Alsup) and the U.S. District Court for the District of New Mexico (Chief District Judge William Johnson) have a right to issue any ruling in cases No. 3:18-cv-03748-WHA and No. if Defendant the United States of America (the former U.S. Attorney for the Northern District of California Mr. Tse, the Civil Process Clerk at the U.S. Attorney’s Office, and the former Attorney General of the U.S.A. Mr. Sessions) had never been served with a Summons and with my June 25, 2018 Complaint No. 5:18-cv-03748-LHK in accordance with the F.R.C.P. Rule 4(i)(1)(A)() and (ii) and in accordance with the F.R.C.P. Rule 4(i)(1)(B)? 2) Did both the U.S. Court of Appeals for the 9» Circuit and the U.S. Court of Appeals for the 10 Circuit have any right to issue any ruling in my Appeal , No. 19-16395 after case No. 3:18-cv-03748-WHA and in my Appeal No. 212139 after case No. if Defendant the United States of America (the former U.S. Attorney for the Northern District of California Mr. Tse, the Civil Process Clerk at the U.S. Attorney’s Office, and the former Attorney General of the U.S.A. Mr. Sessions) had never been served with a Summons and with my June 25, 2018 Complaint No. 5:18-cv-03748-LHK in accordance with the F.R.C.P. Rule 4(i)(1)(A)(i) and (ii) and in accordance with the F.R.C.P. Rule 4(i)(1)(B)? 3) Did the U.S. District Court for the District of New Mexico have any right to dismiss my lawsuit No. ‘as a sanction for my nonexisting misconduct without giving me an opportunity to be heard if Assistant U.S. Attorney Ms. Kimberly Robinson criminally and maliciously appeared in this lawsuit as an Opposing Counsel using the name of Assistant U.S. Attorney Ms., Christine Lyman, and Ms. Robinson maliciously blocked the Meet and Confer session before filing a Joint Status Report and a Provisional Discovery Plan? 4) Did the U.S. Court of Appeals for the 10% Circuit have a right to deny my request for an Oral Argument when had I explicitly notified the 10 Circuit that Assistant U.S. Attorney Ms. Kimberly Robinson criminally and maliciously appeared in this lawsuit as an Opposing Counsel using the name of Assistant U.S. Attorney Ms., Christine Lyman? . 5) Did the U.S. Court of Appeals for the 10‘ Circuit have a right to criminally, maliciously, and recklessly disregard a material fact of the case in its July 11, ; 2022 Opinion in Appeal No. 21-2139 that was my April 10, 2017 contact with my former Manager Ms. Dunkelberger when I notified her that, as of May 10, 2017 I had a medical emergency that was running out of my hormonal pills . Jeanine that were prescribed by my Russian OB/GYN, that were in aid of the IVF procedure, that I brought from Russia in 2016, that I was taking noni stop since probably July 2016, and that were not available in the United States because they were not FDA approved? 6) Did the U.S. Court of Appeals for the 10th Circuit have a right to criminally and maliciously deny my Petition for Rehearing when I had notified the 10% Circuit about a material fact of the case that was my April 10, 2017 contact with my former Manager Ms. Dunkelberger when I notified her that, as of May 10, 2017 I had a medical emergency that was running out of my hormonal pills Jeanine that were prescribed by my Russian OB/GYN, that were in aid of the IVF procedure, that I brought from Russia in 2016, that I was taking non-stop since probably July 2016, and that were not available in the United States because they were not FDA approved? 7) Did the U.S. District Court for the District of New Mexico (Chief District . Judge William Johnson) have any right to refuse to accept into his consideration both the material facts of the case and the legal arguments, to dismiss my lawsuit No. as a sanction for non-existing misconduct, and to prohibit his Clerk to accept any filings from me? 8) Did the U.S. Court of Appeals for the 10% Circuit have any right to accus

Docket Entries

2023-08-21
Rehearing DENIED.
2023-07-27
DISTRIBUTED.
2023-07-15
2023-06-20
Petition DENIED.
2023-05-30
DISTRIBUTED for Conference of 6/15/2023.
2023-05-24
Waiver of right of respondent McDonough, Sec'y of VA, et al. to respond filed.
2022-10-10

Attorneys

McDonough, Sec'y of VA, et al.
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Tatyana E. Drevaleva
Tatyana Evgenievna Drevaleva — Petitioner
Tatyana Evgenievna Drevaleva — Petitioner