Dawud C. S. Gabriel v. Department of Labor

II. PRESENTED QUESTIONS •

1. Whether or Not the Second (2nd) Cir. C.O.A. Departed Far from the Accepted & Usual Course of Judicial Proceedings, As to Call for an Exercise of the Court’s Supervisory Power?

2. Whether or Not the Second (2nd) Cir. C.O.A.’s Final Order [App. A] is Erroneous? III. LIST OF THE PARTIES A. Petitioner & Respondent Caption of the case contains names of all the parties.1 B. Corporate Disclosure Statement Petitioner DAWUD C.S. GABRIEL (“Gabriel”) is not a non-govemment corporation. C. List of Relevant Proceedings

3. On March 27, 2023, Gabriel (a former Transportation Security Officer (“TSO”) of the U.S. Department of Homeland Security/Transportation Security Administration (“TSA”)) filed 2000 Wendell H. Ford Aviation Investment & Reform Act for the 21st Century (“AIR21”) Complaint Documents [App. D] (pursuant to §42121(b)(1)2) against Alejandro N. Mayorkas (“Secretary Mayorkas”), the then-Secretary of the U.S. Department of Homeland Security, with Julie A. Su,3 the then-Acting Secretary of the U.S Department of Labor (the “Acting Secretary Su”), pleading Reprisal he was subjected to from engaging in Protected Activity related to Unsafe Working Conditions and Disabilitv-Bv-Association Violations, discriminatory actions that occurred in New York, New York, and in West Palm Beach, Florida while employed in Federal Service, and requested leave when stating his intentions to amending both documents later, but wanting to ensure timely filing. See App. D, Pgs. 1-42. 1 Pursuant to the Service Processing Doctrine, the Secretary of the U.S. Homeland Security Department nor the Secretary of the U.S. Labor Department are not active parties to this matter for reason that 49 U.S.C,§42121(bYl) Service was never attempted; therefore, not processed. 2 For a time, Gabriel believed §42121(b)(l) was a part of the Surface & Transportation Assistance Act of 1982 (“STAA”); however, it is clearly apparent that Gabriel intended to file AIR21 Complaint Documents. Swierkiewicz v. SoremaNA. 534 US 506, 514, 122 S. Ct. 992, 152 L, Ed. 2d 1 (2002); Conley v. Gibson, 355 US 41, 48, 78 S. Ct. 99, 2 L. Ed. 2d 80 (1957). See App. D, Pgs.3 & 28. 3 When mailing the AIR21 Complaint Documents [App. D], Gabriel was unaware that the former U.S. Labor Department‘s Secretary Martin J. Walsh had resigned from his post, which is the reason Gabriel’s AIR21 Complaint Documents [App. D] were not addressed to the then-Acting Secretary Su.