Kelso, thank you for your question. I am a Fourth Circuit appeals attorney in Maryland, and I also deal with wrongful termination, so I will try to help. I looked up your case in the US District Court, via publicly available online records. It appears that you filed two cases in that Court. Both were dismissed and consolidated into one appeal in the Fourth Circuit Court of Appeals. The appellate court affirmed the lower court in an unpublished per curiam opinion. The appellate court's judgment was entered on December 22, 2014. As a result, any petition for a writ of certiorari in the US Supreme Court must be filed within 90 days of that date (which would be March 22, 2015, which is a Sunday, so the actual deadline to file the petition is March 23, 2015).
You may have a good-faith basis to file the petition, and my firm can help. The lower court mentioned that you "implied" that the Board never issued a decision, but did not squarely allege this fact in your complaint. The lower court was required to construe the complaint liberally, as it admitted, since you were proceeding pro se. The appellate court did not address this matter in its unpublished per curiam opinion. Since the lower court was expressly able to notice the implication, perhaps it should have construed the complaint accordingly. So, if the failure of the Board to have issued a decision impacted the date that the statute of limitations began to run, then you may have grounds to file the cert petition.
A cert petition requires a lot of work by an attorney. It is not a simple matter, and should not be attempted by a non-lawyer, even if the non-lawyer is as driven, intelligent and capable as you clearly are. It is not a reflection on you, but just the reality of the complexity of appellate litigation.
Feel free to contact my firm. I can help.
Answered on Jan 27th, 2015 at 7:49 AM