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Diamond King v. United States Postal Service, et al.

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 25-10442 · judgment September 19, 2025


Certiorari denied · March 2, 2026

Question presented

Whether the United States Court of Appeals for the Fifth Circuit violated Petitioner’s Fifth Amendment right to due process by affirming dismissal of federal whistleblower and retaliation claims without discovery, while disregarding documented service evasion and record irregularities. Whether the Fifth Circuit erred by issuing and maintaining a mandate, and subsequently denying a Motion to Recall the Mandate, despite unresolved procedural defects including delayed docketing of record materials and motions central to appellate review. Whether federal agencies, including the United States Postal Service, may evade judicial accountability under Title VII and the Whistleblower Protection Act through procedural dismissals that deny meaningful appellate review.

Counsel of record

For petitioner
Diamond King

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. May 26 2026
    Rehearing DENIED.
  2. May 05 2026
    DISTRIBUTED for Conference of 5/21/2026.
  3. Mar 02 2026
    Petition DENIED.
  4. Mar 02 2026
    Petition for Rehearing filed.
  5. Feb 12 2026
    DISTRIBUTED for Conference of 2/27/2026.
  6. Feb 06 2026
    Waiver of right of respondent Federal Respondents to respond filed.
  7. Jan 17 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2026)