No. 25-6724

Diamond King v. United States Postal Service, et al.

Lower Court: Fifth Circuit
Docketed: 2026-02-04
Status: Pending
Type: IFP
Response WaivedIFP
Tags: due-process fifth-amendment judicial-review procedural-dismissal service-evasion whistleblower-claims
Key Terms:
DueProcess
Latest Conference: 2026-02-27
Question Presented (AI Summary)

Whether the United States Court of Appeals for the Fifth Circuit violated Petitioner's Fifth Amendment right to due process by affirming dismissal of federal whistleblower and retaliation claims without discovery, while disregarding documented service evasion and record irregularities

Question Presented (OCR Extract)

Whether the United States Court of Appeals for the Fifth Circuit violated Petitioner ’s Fifth Amendment right to due process by affirming dismissal of federal whistleblower and retaliation claims without discovery, while disregarding documented service evasion and record irregularities. Whether the Fifth Circuit erred by issuing and maintaining a mandate, and subsequently denying a Motion to Recall the Mandate, despite unresolved procedural defects including delayed docketing of record materials and motions central to appellate review. Whether federal agencies, including the United States Postal Service, may evade judicial accountability under Title VII and the Whistleblower Protection Act through procedural dismissals that deny meaningful appellate review.

Docket Entries

2026-02-12
DISTRIBUTED for Conference of 2/27/2026.
2026-02-06
Waiver of Federal Respondents of right to respond submitted.
2026-02-06
Waiver of right of respondent Federal Respondents to respond filed.
2026-01-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2026)

Attorneys

Diamond King
Diamond King — Petitioner
Diamond King — Petitioner
Diamond King — Petitioner
Federal Respondents
D. John Sauer — Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent