No. 22-7490

Wendell W. Phillips v. United States Court of Federal Claims

Lower Court: Federal Circuit
Docketed: 2023-05-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 12b1-motion abuse-of-discretion civil-rights due-process federal-circuit illegal-exaction just-compensation legislative-enactments mandamus-jurisdiction rule-10 substantive-private-rights
Key Terms:
Takings Patent
Latest Conference: 2023-06-22
Question Presented (AI Summary)

Whether the United States Court of Appeals for the Federal Circuit has jurisdiction to rule on a petition for a writ of mandamus against a lower court based on a Supreme Court Rule 10(a)(c) single set of circumstances

Question Presented (from Petition)

Question Presented Whether, the United States Court of Appeals for the Federal Circuit, has jurisdiction to rule on a petition for a writ of mandamus, against a lower court, based on a Supreme Court Rule 10(a)(c) a single set of circumstances, that are couched in the form ofa compulsory counter claim, fashioned as a 12(b)(1) Motion to Dismiss Plaintiffs complaint, that evolves around cognizable claims; that are federally secured protected ‘substantive private rights, such as just compensation and illegal exaction, can be perceived as an injury caused creating a manifest injustice, through the overriding and bypassing LEGISLATIVE ENACTMENTS, that are inextricably intertwined with the (gravamen) (merits) to complaint, is identified as a Rule 54(b) partial judgment in the form of an abuse of discretion?

Docket Entries

2023-06-26
Petition DENIED.
2023-06-07
DISTRIBUTED for Conference of 6/22/2023.
2023-06-01
Waiver of right of respondent United States to respond filed.
2023-03-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 8, 2023)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Wendell W. Phillips
Wendell W. Phillips — Petitioner
Wendell W. Phillips — Petitioner