No. 22-68

Perry Adron McCullough v. David F. Levi, et al.

Lower Court: Ninth Circuit
Docketed: 2022-07-26
Status: Denied
Type: Paid
Response Waived
Tags: accardi-doctrine civil-procedure civil-rights due-process federal-procedure jurisdiction jurisdictional-challenge prosecutor-misconduct prosecutorial-authority standing tort-claim
Key Terms:
DueProcess Jurisdiction
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether a prosecutor can legally escape answering the 'Accardi Doctrine' by dismissing a case as 'frivolous' or 'meritless' without a substantive basis

Question Presented (OCR Extract)

QUESTIONS PRESENTED Ex-prisoner seeks Tort claim for monetary damages and restoration of his second amendment rights; due to prosecutor’s default of failure to prove jurisdiction. The claimant had his case dismissed, the “Government” claiming it had no merit or substance. Meanwhile, the claim is replete with admissible evidence, and the USA lacking any. : THE QUESTIONS PRESENTED ARE: 1. During the collateral attack against Jurisdiction as this Petitioner has done by his U.S. District Court action against US. Attorney’s who previous prosecuted him, can a prosecutor legally escape answering the | “Acccardi Doctrine” if a Court simply calls Petitioner’s | filings “frivolous” or “gibberish” or “meritless” with no signed Affidavit or other substantive basis? 2. Do so-called U.S. Attorney’s have plenary ; unlimited authority against a “transient foreigner” and “stateless person” [as defined in 28 U.S.C. § 1332(d), 4 U.S.C. § 110(d)]? : 3. Do so-called U.S. Attorney’s have authority to refuse to answer proof of authority or “jurisdiction” giving lawful power to prosecute an individual man or woman? 4, What authority does a Federal Court have to deny a sincerely motivated litigant be denied his day | in court, for because of being too successful or other meritless reasons? | | ii . 5. If a litigant has made a prima facie case, and the Prosecutor has chosen to go silent, as was done herein, what is the remedy for Petitioner to proceed with a Tort claim for monetary damages if he is being blocked by a meritless and void order? 6. Can the USDC get away with violating its own rules of procedure, FRCP Rule 52; when issuing a Findings and Recommendation from Magistrate, the rule says it must contain Findings of Fact and Conclu, sions of Law; and/or that a Motion to Dismiss must contain an accompanying Affidavit. Can either of these rules being violated mean a Petitioner should have their case re-opened?

Docket Entries

2022-10-03
Petition DENIED.
2022-08-31
DISTRIBUTED for Conference of 9/28/2022.
2022-08-25
Waiver of right of respondents United States to respond filed.
2022-07-20
2022-07-13
Application (22A24) granted by Justice Kagan extending the time to file until September 18, 2022.
2022-07-08
Application (22A24) to extend the time to file a petition for a writ of certiorari from July 20, 2022 to September 18, 2022, submitted to Justice Kagan.

Attorneys

Perry McCullough
Perry Adron McCullough — Petitioner
Perry Adron McCullough — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent