No. 22-5089

Mike Webb v. United States District Court for the Eastern District of Virginia

Lower Court: Fourth Circuit
Docketed: 2022-07-13
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-rights criminal-procedure due-process federal-appellate-procedure federal-courts federal-jurisdiction freedom-of-access-to-clinic-entrances grand-jury-investigation mandamus pro-se-litigation standing writ-of-mandamus
Key Terms:
DueProcess
Latest Conference: 2022-11-10 (distributed 2 times)
Question Presented (AI Summary)

Whether a prima facie case under the Freedom of Access to Clinic Entrances (FACE) Act or 18 U.S.C. § 1512 establishes a clear and indisputable right to a writ of mandamus

Question Presented (OCR Extract)

QUESTIONS PRESENTED “Globally, as of 6:19pm CEST, 6 July 2022, there have been 548,990,094 confirmed cases of COVID-19, including 6,341,637 deaths, reported to WHO”, Staff, “WHO Coronavirus (COVID-19) Dashboard,” WHO, (accessed July 6, 2022), and, the present case rises on appeal, to raise assignments of error, in an action brought, on petition for writ of mandamus, Fed.R.App.Pro. 21, based upon facts alleged in complaint, triggering compulsory action by the Trial Court under which provides, in relevant part, that, “[w]hen the public interest so requires, the court must order that one or more grand juries be summoned”, and presenting the following questions: 1. Whether, upon presentment of a prima facie case, arising under the Freedom of Access to Clinic Entrances (FACE) Act, 18 U.S.C. § 248(a)(2), or, in the alternative, violations of 18 U.S.C. § 1512, establishing a pattern of racketeering activity, beyond a reasonable doubt, demonstrating “a clear and indisputable right to the requested relief,” In Re: Murphy-Brown, LLC, 907 F.3d 788 (4th Cir. 2018) (internal quotation marks omitted), is entitled to issue of a writ of mandamus, under Fed.R.App.Pro. 21, for the same. Order, In Re: Major Mike Webb, Record No. 22-1422 (4th Cir. June 27, 2022). 2. Whether it is improper for a Court of Appeals to dismiss an action, under Fed.R.App.Pro. 45, for failure to prosecute, where the Trial Court, of record, has refused to issue a summons, pursuant to a duly filed praecipe with the Trial Court to effect the same at the commencement of the action, continuing a pattern demonstrated in prior litigations presented by the same unrepresented litigant. Order, Webb v. Fauci, Record No. 22-1627 (4th Cir. June 27, 2022). PARTIES AND

Docket Entries

2023-01-19
Case considered closed.
2022-11-14
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2022-10-25
Motion DISTRIBUTED for Conference of 11/10/2022.
2022-10-08
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2022-10-03
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 24, 2022, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2022-08-18
DISTRIBUTED for Conference of 9/28/2022.
2022-08-12
Waiver of right of respondent Governor of Virginia to respond filed.
2022-07-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 12, 2022)

Attorneys

Governor of Virginia
Andrew Nathan FergusonOffice of the Attorney General, Respondent
Mike Webb
Mike Webb — Petitioner