No. 23-7686

Sammy David McLain, Jr. v. Michelle L. Thaller, et al.

Lower Court: Fourth Circuit
Docketed: 2024-06-11
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-procedure civil-rights constitutional-rights cruel-and-unusual-punishment due-process excessive-fines judicial-jurisdiction standing sua-sponte-dismissal tort-claim
Key Terms:
Securities
Latest Conference: 2024-12-13 (distributed 2 times)
Question Presented (AI Summary)

Can a Judge(s) dismiss a Claim sua sponte (frivolous) involving a Tort (civil wrong) Code (statute) Injury (loss of a legal right) and an Act (law) without Investigation(s) of a Complaint?

Question Presented (OCR Extract)

Question Presented I. Cana Judge(s) dismiss a Claim sua sponte (frivolous) involving a Tort (civil wrong) Code (statute) Injury (loss of a legal right) and an Act daw) without Investigation(s) of a Complaint? Constitutional Provisions US Constitution, Amendment 8 Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Violation(s) : 1. MD Code Natural Resources 1-302 Legislative findings, policies relating to protection, preservation, and enhancement of environment (a) (b) (c) (kK) ~ 2. Maryland False Claims Act 3. MD Constitution, Declaration of Rights, Art. 19 Article 19. Relief for injury to person or property (a) (Tort) 1) Negligence pursuant to: Negligence (per se) 2) Negligence pursuant to: Liability for Negligent or Wrongful Act MD Corp & Assn Code 5-121 (20138) (a) 1 3) Negligence pursuant to: Maryland Rules of Civil Procedure Rule 2-305 Claims for Relief (a) (b) (c) II. Is not America based on Discovery or is the United States a Stronghold for an African-American? Constitutional Provisions US Constitution, Amendment 13 Section 1 ; Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. US Constitution, Amendment 14 i Section 1 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. Statutes 18 U.S. Code 241 Conspiracy against rights 22 U.S.C. 7102 (1) (8) a,b Involuntary Servitude ; II. Did the Judge(s) from the beginning of the Case have Jurisdiction to _ Order that Evidence be presented without Civil Procedure being that the Elements of the Claim has a Burden of Proof for the Plaintiff to Prove in Trial? ; Elements (of a case) ; (citations) MD Constitution, Declaration of Rights, Art. 45 Article 45. Reservation of rights (a) IV. The Plaintiffis still not relieved of his property and if any property of the Defendants then should not have or had the Defendants relief of their property by due process or rights granted them by law and to protect against unreasonable searches and seizures? (citations) Declaration of Human Rights Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.. ii Il. Tabie of Contents I. Question Presented Il.

Docket Entries

2024-12-16
Rehearing DENIED.
2024-11-26
DISTRIBUTED for Conference of 12/13/2024.
2024-10-24
Petition for Rehearing filed.
2024-10-07
Petition DENIED.
2024-07-25
DISTRIBUTED for Conference of 9/30/2024.
2024-07-11
Waiver of United States of right to respond submitted.
2024-07-11
Waiver of right of respondent United States to respond filed.
2024-06-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 11, 2024)

Attorneys

Sammy McLain
Sammy David McLain Jr. — Petitioner
Sammy David McLain Jr. — Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent