No. 24-5925

Francis Yomi v. Xavier Becerra, Secretary of Health and Human Services

Lower Court: Tenth Circuit
Docketed: 2024-11-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: discovery-dispute judicial-misconduct motion-to-stay procedural-rules protective-order sanctions-motion
Key Terms:
JusticiabilityDoctri
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Whether the District and Circuit Courts erred in dismissing the plaintiff's case and denying multiple motions for procedural and medical reasons

Question Presented (OCR Extract)

QUESTIONS PRESENTED Question No. 1: Did all Judges of District and Appeal Courts clearly err when they dismissed my case by retaliation, for me filing a motion to recuse District Judge for judicial misconduct? Question 2: After a terrible car accident that severely injured me, Magistrate Judge received the doctor’s letter she requested, but still denied my motion to stay, saying that I run away from responding to discovery requests, and dismissed the case. Did all Judges err when they affirmed it, whereas I let them know that | am not running away, and that | filed the same motion of 90 days of stay with the Federal Court in Maryland, which was granted the same day and the next day by Judges in my 2 Cases No. 1: 21-cv.-02709-BPG, Doc. 33; and No. 1:22-cv.00964, Doc. 8? Question 3: Magistrate Judge denied (Doc. 158) my motion for sanctions (Doc. 153), by saying I skipped to first file a motion to compel under FRCP 37(a), and I jumped to sanctions under FRCP 37(b). Did all Judges in both Courts clearly erred when none of them has addressed, thus, ignored my argument to them that Magistrate Judge erred when she didn’t apply FRCP 37(a) to Defendant who also skipped it and jumped to file a motion to dismiss under FRCP 37(b), claiming I didn’t attend its deposition, whereas I properly objected to it (Doc. 214) and I filed 2 motions for protective order (Docs. 215 and 223) under Rule 26(c)? Question 4: Whether or not the Circuit Judges clearly erred when I said that the District Court did not address my argument that the dismissal of the case was wrong in part because Defendant did not confer with me in accordance with Fed. R. Civ. P. 37(d)(1)(B), and the 10th Circuit said at 17a that “assuming that it is true, the rule did not give a timeframe to which to confer”, whereas in fact that time is any time before the filing day of the motion (to sanction or dismiss)? Question 5: Whether District Judge and the 10" Circuit Judges clearly erred when none of them ever addressed my argument that Magistrate Judge clearly erred when she did not let me file a Reply to Defendant’s Response (Doc. 224) to my renewed motion to stay (Doc. 223) filed on _ July 11, 2022, and denied it on July 12, 2022 (Doc. 225) by just repeating what Defendant said in Page 1 of 2 its Response, making me lose unnecessarily a legal battle at her level. Question 6: Whether the 10" Circuit erred when I said that the District Court failed to address my argument regarding FRCP 37(d)(2) that prevented the dismissal of my case, and the 10" Circuit argued that: “Likewise, the June 10 motion to stay was not presented as a motion for a protective order. Rather, it was a request to pause proceedings in light of Mr. Yomi’s injuries.” whereas it was a motion for protective order, and was titled: “Plaintiff's motion to stay for at least 90 days from today everything he had to submit since 5/17/2022” (but not proceedings). Question 7: Whether all Judges in both Courts clearly erred when they didn’t apply Fed. R. Civ. P 26(c)(2), which stipulates that: “If a motion for a protective order is wholly or partly denied, the court may, on just terms, order that any party or person provide or permit discovery.” Question 8: Whether all Judges in both Courts erred when I let them know that it is wrong from their part to dismiss the case because I did not travel for about a thousand (1000) miles for deposition whereas I let them know in my objection (Doc. 214) to notice of deposition and in my other submissions that Fed. R. Civ. P. 45(c) or other Rules even prevent/s the Court to compel me (the deponent) to travel for more than 100 miles for deposition from my place of residence. Question 9: I didn’t oppose to several Defendant’s motions for extension of time, but I opposed to the ones in Docs. 115, and 204 granted by the District Court, and opposed the granted 45 dayextension it requested at the 10” Circuit. My own motions in Doc. 118 and the one of 5/8/2024 were denied by both Courts. Did al

Docket Entries

2025-01-13
Petition DENIED.
2024-12-12
DISTRIBUTED for Conference of 1/10/2025.
2024-12-06
Waiver of right of respondent Xavier Becerra, Secretary of Health and Human Services to respond filed.
2024-06-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 6, 2024)

Attorneys

Francisco Alberto Yomi
Francis Yomi — Petitioner
Francis Yomi — Petitioner
Xavier Becerra, Secretary of Health and Human Services
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent