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Barry Ahuruonye v. Department of the Interior

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 22-5239 · judgment August 24, 2023


Certiorari denied · March 18, 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

The questions presented are: 1. Whether, under doctrine of issue preclusion (also known as collateral estoppel) And Article III of the Constitution moot is­ sues.

  1. Whether the principles of collateral estoppel/ Issue preclusion applies when Merit Systems Protection Board (MSPB) a quasi-judicial fed­ eral administrative agency that was estab­ lished by the Civil Service Reform Act of 1978 (CSRA) has resolved an issue like wage in­ crease and performance issues

  2. Whether the court is permitted under Article III of the constitution moot issues to adjudi­ cate and affirm Interior relitigating of moot FY 2013 performance and Wage Increase is­ sues reversed by Merit Systems Protection Board (MSPB) on 2/28/14 and granted by De­ partment of Interior on 3/10/14 with no relief to be granted by district court.

  3. Whether the court is permitted under Article III of the constitution moot issues to adjudi­ cate and affirm Interior relitigating of moot FY 2014 performance and Wage Increase is­ sues reversed by Merit Systems Protection Board (MSPB) on 12/29/14 and granted by Department of Interior on 1/20/15

  4. Whether under doctrine of issue preclusion (also known as collateral estoppel) prohibits and bars Department of Interior relitigating of their 10/17/13 Employee Performance

Counsel of record

For petitioner
Barry Ahuruonye

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 18 2024
    Petition DENIED.
  2. Feb 28 2024
    DISTRIBUTED for Conference of 3/15/2024.
  3. Feb 22 2024
    Waiver of right of respondent Dept. of Interior to respond filed.
  4. Jan 24 2024
    Petition for a writ of certiorari filed. (Response due February 26, 2024)