No. 23-5910

Stuart Alexander Dameri v. United States

Lower Court: Fourth Circuit
Docketed: 2023-10-30
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: appeals civil-procedure due-process fifth-amendment fraud judicial-review rule-4-motion standing subject-matter-jurisdiction
Key Terms:
DueProcess FifthAmendment JusticiabilityDoctri
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (AI Summary)

Whether the Fifth Amendment's protection of 'Due Process was violated

Question Presented (OCR Extract)

QUESTIONS PRESENTED , Whether the Fifth Amendment's protection of ‘Due Process was violated, by . the Court of Appeals when it granted the Government 's Rule 4 motion to dismiss Petitioner's Appeal--which was raised on the grounds of a challenge to the subject-matter jurisdiction of the UNITED STATES DISTRICT ‘ COURT and fraud? ; This question is of great concern to Petitioner because the Court of . : Appeals has ruled adversely to ‘standing. precedents set in each of the judicial. circuits and this Court, which has held that (1) subject-matter jurisdiction may be raised at anytime, (2) challenges to a Court's jurisdiction cannot be procedurally time barred, and (3) subject-matter . jucisdiction. can be raised for the first time on Appeal. This, coupled with the fact that any Fraud that exists makes any judgement or conclusion reached void, showcases that there exists clear exceptions to the reach of ; Rule 4 that arise from the issues being raised on appeal. oo : This Court is asked to find that a Rule 4 dismissal cannot be extended to challenges of jurisdiction of the Court of first instance and allegations of fraud, because to deny such review would tarnish the public trust in. : ‘ the judiciary and tarnish the integrity of the courts. The protection of Due Process must prevail despite the outcome that may be ‘reached by thorough review. . ~ii TABLE OF ‘CONTENTS , 1.

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-09
DISTRIBUTED for Conference of 12/1/2023.
2023-11-02
Waiver of right of respondent United States to respond filed.
2023-10-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2023)

Attorneys

Stuart A. Dameri
Stuart Alexander Dameri — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent