In a bold response to systemic procedural abuses, Appellant Michael Miller has filed a compelling brief in the Third Circuit Court of Appeals, challenging the Office of Open Records (OOR) and the district court’s mishandling of his case. Miller, a pro se litigant, asserts that OOR mischaracterized his specific objections as “generalized” to avoid mandatory de novo review under 28 U.S.C. § 636(b)(1). This tactic, sanctioned by the district court, undermines due process and reflects a broader pattern of judicial neglect.
The brief highlights critical errors, including the misuse of Goney v. Clark to claim waiver of objections and the improper dismissal of substantive claims under Rule 12(b)(6). Miller contends that the district court’s failure to conduct de novo review is a structural defect, rendering its rulings void.
Beyond seeking reversal, the brief demands sanctions under 28 U.S.C. § 1927 against OOR’s taxpayer-funded counsel for engaging in bad-faith litigation tactics that burdened Miller and wasted judicial resources. This case is a powerful reminder of the challenges faced by pro se litigants and the need for accountability in our legal system.
Stay tuned as this case unfolds in the Third Circuit, where Miller fights to restore fairness and uphold the rule of law.