Supreme Court of the United States · Official docket →
Michael Mallonee v. Department of the Interior
IFP petition · United States Court of Appeals for the Federal Circuit, No. 2024-2155 · judgment March 10, 2025
Questions presented
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Whether a federal employee's speech—reporting unsafe school conditions, unauthorized personnel practices, and retaliation to oversight bodies—is protected under the First Amendment, and whether the agency’s retaliation and judicial suppression of that speech violated constitutional protections.
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Whether a federal agency’s misclassification of employment status in violation of 62 BIAM § 11.25 and misuse of the probationary framework—used to justify termination and deny procedural rights— violated Petitioner’s Fifth Amendment due process rights.
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Whether an Administrative Judge’s suppression of material evidence, manipulation of testimony, and disregard of agency regulations constitutes judicial misconduct and fraud on the tribunal requiring vacatur of the proceedings under Hazel-Atlas and Brady v. Maryland.
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Whether the Federal Circuit’s summary affirmance without opinion, in a case raising serious constitutional, regulatory, and whistleblower claims, contravened its duty of meaningful review under Universal Camera Corp. v. NLRB, thereby enabling systemic due process violations.
Counsel of record
For petitioner
Michael Keith Mallonee
For respondent
D. John Sauer
Solicitor General
Proceedings
- May 18 2026Rehearing DENIED.
- Apr 22 2026DISTRIBUTED for Conference of 5/14/2026.
- Mar 20 2026Petition for Rehearing filed.
- Feb 23 2026Petition DENIED.
- Jan 15 2026DISTRIBUTED for Conference of 2/20/2026.
- Oct 27 2025Application (25A474) granted by The Chief Justice extending the time to file until December 26, 2025.
- Oct 27 2025Petitioner complied with order of October 6, 2025.
- Oct 10 2025Application (25A474) for an extension of time within which to comply with the order of October 6, 2025, submitted to The Chief Justice.
- Oct 06 2025The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 27, 2025, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
- Sep 04 2025DISTRIBUTED for Conference of 9/29/2025.
- Sep 02 2025Waiver of right of respondent Department of the Interior to respond filed.
- May 29 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 5, 2025)