Statement of Issues to be Raised on Appeal

UNITED STATES COURT OF APPEALS
DISTRICT OF COLUMBIA CIRCUIT

No.95-5340

September Term, 1995
USDC No. 94cv02747
William Thomas, et al., Appellants

v.

United States of America, et al., Appellees

STATEMENT OF ISSUES TO BE RAISED ON APPEAL

1. The District Court erred in failing to recuse itself.

2. The District erred in failing to hold a timely TRO hearing, and in ruling on the TRO request after failing to hear any evidence (including witnesses) which Appellant had available in court, crediting instead factually unsubstantiated proffers from government counsel.

3. The District erred in ruling against Appellant in the TRO based upon information known to the Court from outside of that proceeding.

4. The District Court erred in granting defendants' Motion to Dismiss under F.R.C.P. 12 (b)(6) by failing to accept the allegations of the Complaint as true, or to construe the Complaint in a light most favorable to Appellant, while refusing, despite Appellant's repeated requests, to hear testimony or evidence.

5. The District Court erred in failing to conduct a Preliminary Injunction hearing.

6. The District Court erred by denying Appellant's motion to consolidate the instant matter with the related case of Thomas v. United States, et al, USDC CA No. 95-1018 (presently pending before this Court as USDC App. No. 95.5338).

1

7. The District Court erred in granting defendants' Motion for Summary Judgment by failing to accept the allegations of the Complaint as true, or to construe the Complaint in a light most favorable to Appellant, while refusing to hear testimony or evidence despite Appellant's repeated requests.

Respectfully submitted this 30th day of October, 1995,

__________________________
William Thomas, Appellant, pro se
2817 11th Street NW
Washington, D.C. 20038
202-462-0757

CERTIFICATE OF SERVICE
On October 30, 1995, I caused a copy of the Copies of the Statement of Issues to be Raised on Appeal to be served upon the office of the Assistant United States Attorney for the District of Columbia, Appellate Division, at 555 4th Street NW, Washington, D.C., by first class U.S. mail postage prepaid.