No. 23-7018

Julian Ash v. Pete Buttigieg, Secretary of Transportation, et al.

Lower Court: Tenth Circuit
Docketed: 2024-03-18
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: administrative-law civil-rights consolidation-of-cases constitutional-challenge due-process federal-agency government-oversight personnel-management title-v-exemption whistleblower-protection whistleblower-retaliation
Key Terms:
Arbitration ERISA SocialSecurity DueProcess
Latest Conference: 2024-05-30 (distributed 2 times)
Question Presented (AI Summary)

Should the Title V Exemption extended to the Federal Aviation Administration from the Office of Personnel Management be considered Unconstitutional?

Question Presented (from Petition)

QUESTIONS PRESENTED , ~~ * . ; I, Jn the Interest of Public Safety and Public Trust should the Title V Exemption extended to | : the Federal Aviation Administration from the Office of Personnel Management be | : ue eS corisidered Unconstitutional since reports of Waste, Fraud, and Abuse are Extreme, Well : : Documented, and Severely Dangerous to the Flying Public, Workforce, and Society? 2. Should OPM’s Oversight of the FAA be considered Unconstitutional since the FAA has a History of Retaliating against Whistleblowers? 3. Ifthe DOJ said Ash v DOT and Ash v OPM are Similar cases then why was Ash v DOT transferred to the Western District of Oklahoma and Ash v OPM transferred to the District Court of Maryland, and why didn’t the DOJ request a Consolidation of Cases IAW FRCP 42? 4. Ifthe Federal Court of Appeals for the Federal Circuit has Exclusive Jurisdiction of MSPB Final Decisions then why did Defendants request Ash v OPM to be transferred to the District Court of Maryland? 5. Ifthe MSPB said Appellants’ claims should be heard by the EEOC on 4/27/21, and the EEOC said Appellants’ claims should be heard by the MSPB on 7/20/21, and Ash v DOT was filed in the District Court for the District of Columbia on 9/9/21, then how could the Defendants argue claims were not Exhausted without committing Perjury under 18 U.S.C. § 1621 or Violating Civil RICO under 18 U.S.C. § 1962(c) and (d)? ii Ash v DOT . | 22-6195 G i : ORIGINAL

Docket Entries

2024-06-03
Petition DENIED.
2024-05-15
DISTRIBUTED for Conference of 5/30/2024.
2024-05-06
Petitioner complied with order of April 15, 2024.
2024-04-30
Application (23A962) granted by Justice Gorsuch extending the time to file until July 5, 2024. No further extensions will be granted.
2024-04-23
Application (23A962) for an extension of time within which to comply with the order of April 15, 2024, submitted to Justice Gorsuch.
2024-04-15
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until May 6, 2024, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2024-03-28
DISTRIBUTED for Conference of 4/12/2024.
2024-03-20
Waiver of right of respondent Pete Buttigieg, Secretary of Transportation, et al. to respond filed.
2024-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 17, 2024)

Attorneys

Buttigieg, Pete
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Julian Ash
Julian R. Ash — Petitioner
Julian R. Ash — Petitioner