Whether the District Judge may dismiss the complaint on summary judgment without requiring answer from the respondent, without authorizing discovery, and without establishing that there is no genuine dispute of material facts

On October 2, 2023 Chief District Judge (CDJ) of U.S. District Court for the Western District of Texas adopted Magistrate Judge’s recommendation and issued asummary judgment decision, dismissing the Complaint. On February 9, 2024 District Court’s Judgment was entered against Petitioner, Hans Goerz. On December 2, 2024 U.S. Court of Appeals for the fifth Circuit issued decision to affirm the District Court’s judgment. On December 2, 2024 the 5th Circuit Judgment was entered for the Defendant, the Secretary of the Air Force. The questions presented in this petition are: 1. Whether the District Judge may dismiss the complaint on summary judgment without requiring answer from the respondent, without authorizing discovery, and without establishing that there is no genuine dispute of material facts. 2. Whether the District Judge may dismiss the complaint on summary judgment, without requiring answer from the respondent and without authorizing discovery, based on purported lack of showing pretext for the removal action alleged to be retaliatory in violation of Title VII of the Civil Rights Act of 1964, when the record is incomplete. 3. Whether the District Judge may determine, without requiring answer from the respondent and without authorizing discovery, that the petitioner failed to sufficiently show pretext for the removal action in question, when the record is incomplete. ua 4. Whether the District Judge may determine that there is no genuine dispute of material facts (to issue a summary judgment) based on a finding that the petitioner, without requiring answer from the respondent and without authorization for discovery, failed to sufficiently show pretext for the removal action alleged as retaliatory. PARTIES Petitioner Han Goerz was a plaintiff in the district court and an appellant below. Respondent Gary Ashworth, Secretary, U.S. Department of the Air Force, was a defendant in the district court and an appellee below.