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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: the model weighted this down for a self-represented petitioner.

Questions 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.

  2. 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

  3. 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.

  4. 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

  5. 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

Subject area
Judicial Power (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, March 18, 2024 · Certiorari denied

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)