Justin K. Holder v. Mark Duvall Thomas
DueProcess FourthAmendment Takings Immigration Jurisdiction
Did the District Court judge error in law, or abuse his discretion when he sua sponte dismissed Petitioner's pro se complaint for lack of subject matter jurisdiction
QUESTION PRESENTED A. Did the District Court judge error in law, or abuse his discretion when he sua sponte dismissed Petitioner’s pro se complaint for lack of subject matter jurisdiction, where the complaint sought a declaration that Petitioner’s federally protected rights were violated, an injunction to prevent further irreparable harm, and damages; and/or by denying Petitioner’s timely request for leave to amend his pro se pleadings, to the extent they were inartfully drafted, or otherwise deficient, without providing this pro se Petitioner a few sentences to guide him in pleading his meritorious claims, brought under federal statute that expressly protects those specific rights? B. Can the United States Court of Appeals for the Fourth Circuit Panel improperly disregard the “general rule” that panels are bound by prior precedent decisions directly on point and only an en banc decision can overrule a precedent, as it is set forth in Loudon Leasing Dev. Co. v. Ford Motor Credit Co., when it overruled the mandatory Fourth Circuit authorities in Timmerman v. Brown, Gordon v. Leeke, and Laber v. Harvey, that are directly on point, and this courts authority in Foman v. Davis, and Erickson v. Pardus, that are also directly on point? i of ix