No. 25-5596

Ardy Merritt v. Department of Housing and Urban Development, et al.

Lower Court: Ninth Circuit
Docketed: 2025-09-10
Status: Rehearing
Type: IFP
Relisted (2)IFP
Tags: constitutional-interpretation due-process fourth-amendment ninth-circuit-jurisdiction property-rights statutory-definition
Key Terms:
DueProcess
Latest Conference: 2026-02-20 (distributed 2 times)
Question Presented (from Petition)

Does the U.S. Court of Appeals Ninth Circuit have the right to redefine words - (frivolous) - as noted in Webster's Third New International Dictionary, in which the word 'law' is noted in the word's definition (of little weight or importance: having no basis in law or fact) in which because an infraction is noted in the state's criminal liability statutes - felonies - Cal. penal code 459 - "Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel in Section 21 of the Harbors and Navigation Code," (the infraction continues with relevant stipulations). Continuing on with "when doors are locked" (infraction continues on with other relevant stipulations) "or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary," as such, the defined word dictates gravity of importance concerning the law and infraction; and the word moot - (to deprive of practical significance; I requested an injunction concerning state court results; (deprived of submitting a trial brief;) moot, as used by the appeals court can only be considered as a consequence of the court's actions in determining case number 24-5400 as being frivolous by the court's standards; is an under simplified (illogical) explanation: Sackett v Environmental Protection Agency, 598 U.S. 651, 143 S.Ct. 1322, May 25, 2023, "(CWA) extends to more than traditional navigable water, the use of "navigable" shows that Congress focused on its traditional jurisdiction over waters that were or had been navigable" "Statutes - Context, The meaning of a word in a statute may only become evident when placed in context." Such is not evident in definition or legal contents.

Does the U.S. Court of Appeals Ninth Circuit have the right to over simplify (not of importance) a state's felony infractions (Cal. Penal code 459) in dismissing the above noted case which sends a perception of condoning the illegal entries into my former residence and not acknowledging the federal agency concerned was advised by me in which SB Mann 3 LLC, the property owner, was being sent emails concerning the illegal entries and never addressed the problem and would always disavow 'squatters' were being allowed to reside on property premises by other (alleged) tenants, and both (alleged) tenants being a culprit concerning the illegal entries? Plaintiff cites Bush v. Gore, 531 U.S. 98, 121 S.Ct. 525 148 L.Ed.2d 388, December 12, 2000, noted in the synopsis, "District Court of Appeals certified judgment as being of great pubic importance and requiring immediate resolution by the Supreme Court."

Does the U.S. Court of Appeals Ninth Circuit have the right to disregard constitutional and state law statutes in not recognizing this nation's Amendment 4, "The right of the people to be secure in their homes, house, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly the place to be searched and the persons or things to be seized." If government agents are forbidden from illegally entering a person's dwelling, and are persons outside government's employ. U.S. v. Haiion, 428 F.2d 101

Question Presented (AI Summary)

Does the U.S. Court of Appeals Ninth Circuit have the right to redefine words, disregard constitutional and state law statutes, and oversimplify felony infractions in dismissing a case involving illegal property entries?

Docket Entries

2026-01-14
DISTRIBUTED for Conference of 2/20/2026.
2025-12-02
Petition for Rehearing filed.
2025-11-10
Petition DENIED.
2025-10-23
DISTRIBUTED for Conference of 11/7/2025.
2025-05-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 10, 2025)

Attorneys

Ardy Merritt
Ardy Merritt — Petitioner
Federal Respondents
D. John SauerSolicitor General, Respondent