No. 25-6738

Clyde Pontefract v. United States, et al.

Lower Court: Sixth Circuit
Docketed: 2026-02-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: administrative-law federal-prisoner-rights federal-tort-claims-act fiduciary-responsibility inmate-property-loss little-tucker-act
Latest Conference: 2026-04-02
Question Presented (from Petition)

1. Does the Substantive Law of 28 CFR §14.1 et seq. and 28 CFR §543.30 et seq. qualify for the Little Tucker Act under United States V. Mitchell, 463 US 206.(1983) for compensation by the Federal Government for the loss of personal property of a federal inmate ?

2. Does the Substantive Law of 28 CFR §553.10 et seq. and Program Statement of 5580.08 establish fiduciary responsibilities under the test of "Fair Interpretation" rule under United States V. White Mt. Apache Tribe, 537 US 465 (2003) that would establish that 31 USC §1321(a)(21) & (22) is not a bare trust?

3. Does Ali V. Fed Bureau of Prisons, 552 US 214 (2008) and 28 USC §2680(c) actually deny a federal prisoner to file a claim based on his personal property under the Federal Tort Claims Act ?

Question Presented (AI Summary)

Whether the substantive law of 28 CFR §14.1 et seq. and 28 CFR §543.30 et seq. qualifies for the Little Tucker Act under United States V. Mitchell for compensation by the Federal Government for the loss of personal property of a federal inmate

Docket Entries

2026-04-06
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until April 27, 2026, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2026-03-18
DISTRIBUTED for Conference of 4/2/2026.
2026-03-12
Waiver of Federal Respondents of right to respond submitted.
2026-03-12
Waiver of right of respondent Federal Respondents to respond filed.
2025-09-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 9, 2026)

Attorneys

Clyde Pontefract
Clyde J. Pontefract — Petitioner
Federal Respondents
D. John SauerSolicitor General, Respondent