No. 22-7219

Dawud Canaan Sturrup Gabriel v. Melton Truck Lines

Lower Court: Tenth Circuit
Docketed: 2023-04-06
Status: Dismissed
Type: IFP
IFP
Tags: certiorari-denial civil-rights constitutional-rights due-process employment-discrimination government-misconduct judicial-procedure standing whistleblower whistleblower-rights
Key Terms:
SocialSecurity DueProcess Privacy
Latest Conference: 2023-06-08
Question Presented (AI Summary)

Whether the U.S. Court of Appeals for the Tenth Circuit departed from the accepted course of judicial proceedings

Question Presented (OCR Extract)

No question identified. : . II. PRESENTED QUESTIONS 1. Whether or not the U.S. Court of Appeals for the Tenth (10th) Circuit far departed from the accepted and usual course of judicial proceedings (S.Ct.R.10(a)), as to call for an exercise of the Court’s supervisory authority under 28 U.S.C. § 1254(1)? 2. Whether or not the U.S. Court of Appeals for the Tenth (10th) Circuit sanctioned the far departure of trial court from the accepted and usual course of judicial proceedings (S.Ct.R.10(a)), as to call for an exercise of the Court’s supervisory authority under 28 U.S.C. § 1254(1)? ii Tl. PREFACE Congress dictates under 28 U.S.C. § 1254(1) that the Court can grant Certiorari upon any timely filed petition. Camreta v. Greene, 563 U.S. 692, 131 S. Ct. 2020, 2023, 179 L. Ed. 2d 1118 (2011); Hohn v. U.S., 524 US. 236, 241, 118 S. Ct. 1969, 141 L. Ed. 2d 242 (1998); Felker v. Turpin, 518 U.S. 651, 666, 116 S. Ct. 2333, 135 L. Ed. 2d 827 (1996). Within the last year, Gabriel (who is a Federal Whistleblower, that has been denied most of Civil Rights near a decade’) has filed four (4) 28 U.S.C. § 1254 petitions, from alleged proceeding that in trials courts (allegedly) and the appeal courts (also, allegedly) that have jurisdiction. Such alleged proceedings have fit the Court’s definition for Certiorari toa “T,” yet, Gabriel’s hard work (while his Paid Counsel Right being denied by the Government’) has been used to dissuade him from proceeding in other matters related to employment discrimination, in which the Government has “arranged” ' Where the Government is using Taxpayer’s money to ensure Gabriel’s life is miserable, where he is disallowed to have a social life, mingle, have a family, all while the Government is remotely inducing pain and remote harassment (because of their failure to follow the Employment laws and Gabriel’s attempt to exercise his Petition Rights to be compensated for Government’s failures). Roberts v. United States Jaycees, 468 US 609, 618, 104 S. Ct. 3244, 82 L. Ed. 2d 462 (1984); Cruz v. Beto, 405 US 319, 321-22, 92 S. Ct. 1079, 31 L. Ed. 2d 263 (1972). ? Gabriel has numerous reasons to be believe that the people that Gabriel have contacted for legal counsel are Government imposter (who are screening and wiretapping Gabriel’s calls and has been doing so on and off since 2010, evident by “echoes during phone conversion, were is sounds as if someone is tapping into the line right before the “echoes” begin)), making Gabriel go through whole spill (even making inquiries into the matters), just to deny him legal services (to dissuade Gabriel from seeking just compensation from past and present legal matters). U.S. v. Jones, 565 US 400, 132 S. Ct. 945, 954-55, 181 L. Ed. 2d 91 (2012); Katz v. U.S., 389 U.S. 347, 360-61, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967). ; iil employment for Gabriel to be repeatedly discriminated?’ against. Ohralik v. Ohio State Bar Assn., 436 US 447, 470, 98 S. Ct, 1912, 56 L. Ed. 2d 444 (1978); NAACP v. Button, 371 US 415, 440, 83 S. Ct. 328. 9 L. Ed. 2d 405 (1963). Every single Certiorari Gabriel has filed has been returned as DENIED, without reason for such denial (which violates Gabriel’s Constitutional Rights, that no one cares for), and at times, specifically to make him upset (I.e., Two (2) denials for Gabriel v. Melton Truck Lines, Case no. 5008 (10" Cir. 2022) & Gabriel v. Melton Truck Lines, Case no. 5008 (10% Cir. 2022) that were intentionally issued on October 3, 2022 (Gabriel’s birthday) and the December 2022, Certiorari Petition for the matter of Gabriel v. Trans Am Trucking Co., Case no.22-3102 (10" Cir.2022) that was filed with eleven (11) Leave Motion related to Page Limitation‘, for the Petitions that were four (4) pages over the limit, that were sent back for reason of four (4) pages over, with sixty (60) days° to correct the 3For example, the Government instructed Waste Connections, Inc. (Gabriel’s former) to disconnect the A/C units standardly installed in the certain trucks

Docket Entries

2023-06-12
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.
2023-05-24
DISTRIBUTED for Conference of 6/8/2023.
2023-05-04
Brief of respondent Melton Truck Lines in opposition filed.
2023-03-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 8, 2023)

Attorneys

Dawud C. S. Gabriel
Dawud C. S. Gabriel — Petitioner
Dawud C. S. Gabriel — Petitioner
Melton Truck Lines
Brandon Davis KempOgletree, Deakins, Nash, Smoak & Stewart, P.C., Respondent
Brandon Davis KempOgletree, Deakins, Nash, Smoak & Stewart, P.C., Respondent