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My EEOC appeal petition was denied. can I file writ pro se at the U.S. Supreme Court, unusual case, any pro bono lawyers?

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my appeal petition was denied. can I file writ pro se at the U.S. Supreme Court, how long do I have, does the count start on the date of the appeal dismissal or the day after. if that date falls on a weekend or federal holiday, is the deadline the first workday before or after the calendar deadline. this is an unusual case, will need lawyer to work with law enforcement abuse of discretion issue (corruption and brutality surrounding first amendment rights federal complaint) independently and as part of this EEOC writ. if you can only do one or the other, still need it.

Attorney Answers 2

Posted

I am including a link below to the Rules of the Supreme Court. Rule 13 provides a 90 day time limit for filing a petition for a writ of certiorari. Rule 30 excludes the day of the event from which relief is being sought, so you do NOT count the date of the appeals court decision. Also you include all intervening Saturdays, Sundays and legal holidays, except where the last day of the 90 day period FALLS on one of them.

Now, on a more serious point:

You need legal counsel to have your best chance of review at the Supreme Court. But even with legal counsel, the chances of any particular petition being granted are exceedingly small. Read Rule 10 and give some thought to the points made there: the Court's principal task is bringing uniformity to federal decisional law and uniformity to interpretation and application of federal laws, regulations and the US Constitution.

This answer is not a substitute for consulting with and retaining the services of an attorney for your legal needs. By providing this answer, I am not entering into an attorney client relationship with you.

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10 comments

Asker

Posted

Thank you very much. i agree wwith you that I need a lawyer to do this instead of myself. That would be my last resort only because it is too important. Thank you for the link to the Rules, now I can be sure that I have the correct information. the federal complaint I filed would address arbitrary/capricious use of discretion, including bench activism, and I get harassed and blackballed even into a job to dent my credibility. would I be able to combine the two issues at the Supreme Court somehow.

Asker

Posted

and also, am I counting from the date of the initial dismissal or the date the petition was denied. Thank you so much again.

James M Henderson Sr.

James M Henderson Sr.

Posted

Perhaps you could clarify exactly what court you filed the last document in, and exactly what document you filed, and then exactly what order that court issued.

Asker

Posted

The courts involved are U.S. Court of Appeals 4th Circuit and USDC MD. Brief rundown follows with dates of main dox. January 14 2014 court order filed denying motion for rehearing en banc, the panel that heard my appeal also asked the court, and they said no. still have to learn whether this interpretation is correct. January 2 2014 appellant's petition for rehearing en banc December 18 2013 unpublished per curiam opinion affirming USDC but for different reasons, appeals agreed with me almost entirely. September 18 2013 oral arguments at 4th circuit February 5 2013 appellant's principal brief and joint appendix November 6 2012 final dismissal by USDC Md August 22 2012 usdc md dismissed my eeoc complaint Thank you again.

James M Henderson Sr.

James M Henderson Sr.

Posted

Did the rehearing order say something to the effect that the Panel referred the Petition for Rehearing to the entire Court? If so, don't read too much into that possibility. In my practice, and based on the Rules and past experience practicing at the Supreme Court, your 90 day period is counted beginning the day after January 14. That means that day one of the 90 days is January 15.

Asker

Posted

that is what it said. do I need to go back to appeals befors going to Supreme Court, then, or have I exhausted my remedies at this point. my understanding was that we ask the panel who opined, and then the entire panel. looks like they did that for us and deadended any further petition. or do i still have remedy there. I'm still waiting to hear from my lawyer about that. once we we are out of Appeals, I have to find a lawyer who does this area with Supreme Court. Thanks for doing the calculation of dates for me, that helps.

James M Henderson Sr.

James M Henderson Sr.

Posted

The rules don't prohibit filing additional petitions, including one now for rehearing with a suggestion of rehearing en banc. But just because it isn't directtly prohibited doesn't make it a good idea. By referring your petition to the whole court, and not getting a sufficient number of justice either to ask for a vote or to vote to hear en banc, it looks like you've done what you can at the court of appeals.

Asker

Posted

thank you again. the way I read it, it sounded like they referred my petition to the whole court after they declined and apparently no one else was interested. how long would I have to file an additional petition if that was a good cours of action. can my lawyer be sanctioned if he did file another petition now that they said no one wants to rehear it. I saw your profile that you used to work with aclj. did you do pro bono work, do you work on a contingency or only straight per hour? can another issue be combined with the Supreme Court filing that overlaps this or would the Supreme Court merely insure that the previous court does what it should have to be consistent and send it back to be heard there. my current lawyer wrote the complaint without specifically citing hostile work environment as reason for the termination, although everything else he cited, like retaliation for engaging in protected activities, was anything but non hostile. I was clear in my charge and based the deadline on the termination. appeals said it was time-barred because my lawyer didn't say I was fired for hostile environment but for discrimination and retaliation and harassment. and then said that was time-barred. but I calculated the deadline on the termination date. and the hostile work environment consisted in all these violations. was my lawyer in error for presuming the hostile work environment was automatically understood, and at the Supreme Court would all issues and how the courts handled previously be opened up. Could it going to the Supreme Court give me back the hostile work environment? can it also take back what appeals agreed with me about that the usdc dismissed my case for. how much did the previous handling screw up my claim, I guess is the question, assuming Supreme Court does choose to hear it.

James M Henderson Sr.

James M Henderson Sr.

Posted

Yes, I worked with the ACLJ for over twenty years. I wrote our principal and reply briefs in Echols v. FEC, which was part of the Supreme Court's hearing of McConnell v. FEC. In that case, we had one of the few successes of any challengers to the Bipartisan Campaign Reform Act. I also have drafted several other certiorari petitions, briefs and amici briefs. During the 20 plus years, I regularly advised our chief counsel on Supreme Court practice and assisted him with preparation for argument in the cases we brought to the Court. For that reason, based on that experience, I suggest using an attorney, and suggest you anticipate having to invest a considerable sum to do so. If you proceed. I say "if" because, candidly, at the level where you are now, the typical chance of gaining review is something less than 1 percent.

Asker

Posted

Thank you so much again. I'm now waiting for an explanation from my lawyer, I was sent another orderwith what looked like a tax for about$30+, and I asked what that was a couple of days ago and still haven't heard. I'm expecting that there's more coming but don't know yet. I may have more questions for you, in spite of the odds, I may still want to pursue the Supreme Court. If you can tell me more about the fees and that works, tjat would be helpful. Thanks again.

Posted

Are you saying that you were litigating pro se at one of the U.S. Court of Appeal and lost? If so, you might first consider seeking rehearing or rehearing en banc. Though those are difficult paths, taking a pro se employment case to the U.S. S. Ct. is an extremely long shot. You should consult with counsel at this point as it sounds like time and options may be running out on your case.

This is not formal legal advice.

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5 comments

Asker

Posted

Thank you for your response. no, I started pro se but later got a lawyer. but thatblawyer doesn't do ussc, so I need another type of lawyer to take over. one of the issues, hostile work environment, was not specifically stated by my attorney although what he did state definitely described a hostile work environment, so appeals didn't recognize it, and said my other issues (discrimination and harassment, retaliation for engaging in protected activities was time-barred but my attorney clearly stated I was fired for this, and the termination date is what I based my eeoc deadline on. do I go to ussc addressing the hostile work environment as dismissed by appeals as though it should not have been.

Asker

Posted

was ehat my lawyer did okay and appeals wrong in their opinion, or was my lawyer wrong

Asker

Posted

thanks again

Leizer Z Goldsmith

Leizer Z Goldsmith

Posted

I have no way of knowing the answer to your questions without taking a look at the whole situation with all the facts. You're welcome!

Asker

Posted

do you go as far as ussc in your labor law practice