Supreme Court Report

Supreme Court of the United States · Official docket →

In Re Reginald L. Sydnor

Paid petition


Certiorari denied · April 19, 2021
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

In June, 2018, petitioner sued the United States Merit Systems Board (board), board members in district court for the Eastern District of Pennsylvania, pursuant to Mandamus Act, Administrative Procedures Act (APA), and the United States Constitution. Petitioner requested the district court to mandate the board members to vacate two unconstitutional, null and void board final decisions rendered by a non-constitutionally appointed board employee. These same unconstitutional, null and void final board decisions adjudicated petitioner unsuitable, removed and debarred petitioner from his constitutionally appointed and employed federal administrative law judge (ALJ) position. Despite petitioners’ timely motion, interlocutory appeal and petition for review to the board to vacate the unconstitutional board adjudication and decisions and to afford petitioner an appropriate due process ALJ board appeal before a constitutionally appointed board AU, the board to this date has repeatedly refused petitioner his ALJ constitutional and statutory due process relief. At all times, the board members were put on notice and are aware that the board is continuously violating petitioner’s statutory and constitutional due process rights, pursuant to 5 U.S.C 7521, 5 U.S.C. 551 et seq (Administrative Procedures Act) (APA)), and 5 U.S.C. 7515 E, and Article II, 2, cl. 2 of the United States Constitution. All leading to what this Court has deemed a board constitutional appointment violation. Petitioner’s repeated and timely requests to the board and the appeals courts for an ALJ due process board hearing before a constitutionally appointed board ALJ entitles petitioner to that relief, pursuant to this Court’s ruling in Lucia v. Security Exchange Commission, 585 U.S.__

Counsel of record

For petitioner
Reginald L. Sydnor

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 19 2021
    Petition DENIED.
  2. Mar 24 2021
    DISTRIBUTED for Conference of 4/16/2021.
  3. Mar 12 2021
    Waiver of right of respondent United States to respond filed.
  4. Mar 03 2021
    Petition for a writ of mandamus filed. (Response due April 7, 2021)