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Maxwell Jones v. United States

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2023-1862 · judgment December 6, 2023


Certiorari denied · October 7, 2024
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

This is a Military Corrections of records 10 U.S.C. § 1552, and Military Pay and entitlement case 37 U.S. Code § 204. In this case, the petitioner believes a precedent is being set, since there has been no case of this magnitude before the court; there are numerous cases with similar claims, but none that have exceeded, and most have been dismissed for being untimely. The petitioner was framed by his commanding general and discharged from the Army erroneously. Petitioner followed the Army’s grievance procedures strictly, but they were ignored, so he filed a lawsuit for wrongful discharge. Upon clearing Petitioner’s record by the Army Board for Correction of Military Records, the Army Human Resource Command published the orders that would have restored his status. As Petitioner refused to drop the case before being made whole, an Army litigation attorney and a government attorney forged a ABCMR recommendation to appear to be a Secretary of the Army directive. Petitioners filed several motions under rule 60 and rule 60(d)(3) the Court ignored the evidence and motions. Assisting the government became a priority for the Court. Due to the forged document, the government won an unjust victory in the case. This Petition requests review, based on the United States Court of Federal Claims dismissal for “lack of subject matter jurisdiction”, the Army/Army Board for Correction of Military Records final action/decision of “partial relief”, compared to the government’s recommendation of full relief, both versions are in conflicting conflict and have caused extreme harm to Petitioner’s career and monies owed to Petitioner. Also,

Counsel of record

For petitioner
Maxwell Jones

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Jul 17 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Jul 11 2024
    Waiver of right of respondent United States to respond filed.
  4. Apr 16 2024
    Petition for a writ of certiorari filed. (Response due July 17, 2024)