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Robert Michael Miller v. Martin J. Gruenberg, Chairman, Federal Deposit Insurance Corporation, et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 21-2073 · judgment September 7, 2023


Certiorari denied · April 15, 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.

Questions presented

  1. Whether the district court’s hundreds of deliberate factual and legal errors and abuses of discretion, and the circuit court’s summary affirmance of those errors and abuses, demonstrate such deep-seated antagonism toward a pro se litigant and favoritism toward a federal defendant as to make fair judgment impossible.

  2. Whether a federal district court has jurisdiction to stay federal agency personnel actions in a whistleblower reprisal appeal to the Merit Systems Protection Board when the Board has no sitting members to grant a stay, pursuant to 5 U.S.C. § 703.

  3. Whether an employee of a federal corporation has an implied right of action for political discrimination pursuant to 5 U.S.C § 2301 and 5 U.S.C. § 2302, when the federal corporation has a history of corrupting its grievance process the federal employee’s sole source of relief.

Counsel of record

For petitioner
Robert M. Miller

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
23A487

Proceedings

  1. Apr 15 2024
    Petition DENIED.
  2. Mar 27 2024
    DISTRIBUTED for Conference of 4/12/2024.
  3. Mar 07 2024
    Waiver of right of respondent FDIC to respond filed.
  4. Feb 02 2024
    Petition for a writ of certiorari filed. (Response due March 7, 2024)
  5. Nov 29 2023
    Application (23A487) granted by The Chief Justice extending the time to file until February 4, 2024.
  6. Nov 25 2023
    Application (23A487) to extend the time to file a petition for a writ of certiorari from December 6, 2023 to February 4, 2024, submitted to The Chief Justice.