No. 23-7664

Julian R. Ash v. United States District Court for the District of Maryland

Lower Court: Fourth Circuit
Docketed: 2024-06-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 4th-circuit administrative-review agency-decision appellate-jurisdiction civil-procedure judicial-procedure jury-trial mandamus pending-motions remand
Key Terms:
DueProcess Jurisdiction
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Question not identified.

Question Presented (OCR Extract)

QUESTIONS PRESENTED . 1. USCA4 Appeal: 23-1713 Doc: 10 Filed: 08/28/2023 Pg: 2 of 2 a. Mandamus may not be used as a substitute for appeal or, in this case, a rehearing petition. See In re Lockheed Martin Corp., 503 F.3d 351, 353 (4th Cir, 2007). Ash does not satisfy the standard for mandamus relief. Accordingly, we deny the petition for writ of mandamus. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. PETITION DENIED b. IV. PETITION FOR WRIT OF MANDAMUS GRANTED Because Lockheed is entitled to a jury trial, the district court erred by striking . Lockheed's jury demand, We therefore grant Lockheed's petition for the issuance of a writ of mandamus and we direct the district court on remand to try the case before a jury. : In re Lockheed Martin Corp., 503 F.3d 351 | Casetext Search + Citator 2. Why didn’t the 4" Circuit Court of Appeals Remand the case back to the District Court of Maryland if the case Cited above was Remanded on the Same Issue of Trial by Jury. : 3. If the 4 Circuit Court of Appeals recognized that Pending Motions had not been decided after the Mandamus Appeal on 3/28/23 then Why didn’t the 4" Circuit Court of Appeals Specifically State the Deficiencies in its Final Decision on 8/28/23 while Motions were Still Pending so the District Court of Maryland would Act in Accordance with the Law. 4. Ifthe Federal Court of Appeals for the Federal Circuit has Exclusive Jurisdiction of Final Agency Decisions from the MSPB then why did the DOJ request Ash vOPM be | transferred to the District Court of Maryland. {ii) Ash v OPM . 23-1713

Docket Entries

2025-01-16
Case considered closed.
2024-10-07
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 28, 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.
2024-07-11
DISTRIBUTED for Conference of 9/30/2024.
2024-07-05
Waiver of USDC MD of right to respond submitted.
2024-07-05
Waiver of right of respondent USDC MD to respond filed.
2024-01-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 8, 2024)
2023-11-22
Application (23A459) granted by The Chief Justice extending the time to file until January 25, 2024.
2023-11-17
Application (23A459) to extend the time to file a petition for a writ of certiorari from November 26, 2023 to January 25, 2024, submitted to The Chief Justice.

Attorneys

Julian R. Ash
Julian R. Ash — Petitioner
Julian R. Ash — Petitioner
USDC MD
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent