No. 24-6116

In Re Frank E. Pate

Lower Court: N/A
Docketed: 2024-12-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-procedure constitutional-officer final-judgment judicial-review mandamus prosecutorial-discretion
Key Terms:
DueProcess FourthAmendment Securities JusticiabilityDoctri
Latest Conference: 2025-02-21
Question Presented (AI Summary)

Whether the 5th Circuit can ignore 28 USC 2111 final judgment and review mandates after an 8-year dormant case period, and whether a U.S. Attorney must be a constitutionally appointed officer to prosecute a criminal claim

Question Presented (OCR Extract)

No question identified. : ISSUE(S) PRESENTED 1) Can the 5" Circuit, ignore the 28 USC 2111 final judgment and review mandates, and allow a case to lay dormant for over 8 years? If so, this negatively affects the national public interest to a legislative right of reviewing. 2) Does the United States Attorney (for his district) have to be the Officer Appointed under the Constitution, in order the lawfully lead the prosecution of a Government criminal claim? (28 USCS 547(1)) 3) Is the Petitioner entitled to Supreme Court approved counsel, in representing him under 18 USCS 3006A(c), as this is a continuation of his unresolved Appeals case? , , .

Docket Entries

2025-02-24
Petition DENIED.
2025-01-16
DISTRIBUTED for Conference of 2/21/2025.
2024-12-30
Waiver of right of respondent United States to respond filed.
2024-08-29
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due January 10, 2025)

Attorneys

In Re Frank E. Pate
Frank E. Pate — Petitioner
Frank E. Pate — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent