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Robert G. Thornton v. United States, et al.

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 18-5049 · judgment August 22, 2018


Certiorari denied · June 24, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether a veteran has a right to meaningful access to the courts and administrative agencies under the First Amendment of the Constitution when the government concealed evidence during adjudication, engaged in a continuing of pattern of systematic, deliberate fabrication of false statements and obstruction of justice, including, but not limited to, creating a false and fraudulent Board of Veterans Affairs (BVA) Decision based on fraudulently concealing material evidence this veteran had submitted timely appeal as uncovered by his FOIA request and terminating this veteran's appeal thereby completely foreclosing any further remedy, then published on petitioners official Veterans Affairs website for veterans (VA.gov). Whether it is a violation of this veteran's First and Fifth Amendment rights when the VA and the District Court use the presumption of regularity and, or 38 U.S.C. § 511(a) non-review preclusion clause to ignore rebuttal evidence to defendants motion to dismiss (MTD), and to plaintiffs Federal Rule of Civil Procedure (FRCP) 12(b)1 OMTD and 60(b)3. Whether a veteran has a constitutional right to a fair hearing on the merits of his disability claim decided according to fundamentally fair procedures and that the initial and subsequent determinations has been subject to nothing but deferential review that continues with the same concealed evidence during adjudication, misstatements of material facts, misstatements of law, fraudulent submissions and omissions.

Counsel of record

For petitioner
Robert G. Thornton

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Linked docket
18A846

Proceedings

  1. Jun 24 2019
    Petition DENIED.
  2. Jun 04 2019
    DISTRIBUTED for Conference of 6/20/2019.
  3. May 14 2019
    Waiver of right of respondent United States, et al. to respond filed.
  4. Apr 26 2019
    Petition for a writ of certiorari filed. (Response due May 30, 2019)
  5. Feb 21 2019
    Application (18A846) granted by The Chief Justice extending the time to file until April 28, 2019.
  6. Feb 14 2019
    Application (18A846) to extend the time to file a petition for a writ of certiorari from February 27, 2019 to April 28, 2019, submitted to The Chief Justice.