Supreme Court Report

Supreme Court of the United States · Official docket →

Perry Adron McCullough v. David F. Levi, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-15393 · judgment April 21, 2022


Certiorari denied · October 3, 2022
Pre-decision estimate: 0% cert probability

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

Questions presented

Ex-prisoner seeks Tort claim for monetary dam­ ages and restoration of his second amendment rights; due to prosecutor’s default of failure to prove jurisdic­ tion. The claimant had his case dismissed, the “Gov­ ernment” claiming it had no merit or substance. Meanwhile, the claim is replete with admissible evi­ dence, and the USA lacking any. The Questions Presented Are:

  1. During the collateral attack against Jurisdiction as this Petitioner has done by his U.S. District Court action against US. Attorney’s who previous prosecuted him, can a prosecutor legally escape answering the “Acccardi Doctrine” if a Court simply calls Petitioner’s filings “frivolous” or “gibberish” or “meritless” with no signed Affidavit or other substantive basis?

  2. Do so-called U.S. Attorney’s have plenary unlimited authority against a “transient foreigner” and “stateless person” [as defined in 28 U.S.C. § 1332(d), 4 U.S.C. § 110(d)]?

  3. Do so-called U.S. Attorney’s have authority to refuse to answer proof of authority or “jurisdiction” giving lawful power to prosecute an individual man or woman?

  4. What authority does a Federal Court have to deny a sincerely motivated litigant be denied his day in court, for because of being too successful or other meritless reasons?

Counsel of record

For petitioner
Perry Adron McCullough

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
22A24

Proceedings

  1. Oct 03 2022
    Petition DENIED.
  2. Aug 31 2022
    DISTRIBUTED for Conference of 9/28/2022.
  3. Aug 25 2022
    Waiver of right of respondents United States to respond filed.
  4. Jul 20 2022
    Petition for a writ of certiorari filed. (Response due August 25, 2022)
  5. Jul 13 2022
    Application (22A24) granted by Justice Kagan extending the time to file until September 18, 2022.
  6. Jul 08 2022
    Application (22A24) to extend the time to file a petition for a writ of certiorari from July 20, 2022 to September 18, 2022, submitted to Justice Kagan.