APA mis administration and 14th amendment due process

[skaht]

The violations are of APA and 14th amendment due process where I was sent email of eligibility for federal ERAP benefits with promise of contact within 72 hours, state failure to follow through or offer appeal. State supreme court established Eviction Prevention and Diversion Program confirmed submitted applications for same ERAP benefits offered unusable hotel vouchers due to disability refused to assist further failed to acknowledge prior eligibility, oversight agency confirmed in statement no applications ever submitted. Due process 42 USC § 1983 APA mismanagement negligence in subject welfare
Eldridge vs. Mathews and shinseki vs. id have to look it slips my mind at the moment but eablishrs federal benefits as property and require due process to deny after eligibility is in place
Failure by all elected and appointed officials to take corrective actions and on and on

 

[quincy]

I haven't found any civil rights violations attourneys that work on contingency. Not that are in New Mexico. All of the other law experts I've shown a of my evidence to tell me it's a good case. I have a law professor in California that works with a legal aid group that is overseeing my documents for quality and structure in my arguments. And he says very easy win

If you have found a law professor in California with legal aid students willing to assist you, that is a positive. If he and his students have your documents, they are in a far better position to offer constructive advice than we are here.

 

[skaht]

He is a law professor that said he works legal aid group and he offered to check over my documents for me told me that his best advice is you must have an argument for everything

 

[quincy]

He is a law professor that said he works legal aid group and he offered to check over my documents for me told me that his best advice is you must have an argument for everything

That is good advice.

 

[Taxing Matters]

The violations are of APA and 14th amendment due process where I was sent email of eligibility for federal ERAP benefits with promise of contact within 72 hours, state failure to follow through or offer appeal.

If you are referring to the federal Administrative Procedures Act (APA) there is no claim to be had against the state because the federal APA only applies to federal agencies, not state or municipal governments. The main thing that the APA does is set out the process for issuing rules and regulations. You've not indicated that you are adversely affected by federal government agency rule or regulation even if you were, the only way the APA might be of any use to you is if the rule or regulation that federal agency is applying was issued without following all the steps required to adopt the rule or regulation.

As for a federal civil rights vilolation, I don't see in your post anything that suggests the state has violated any of your federal civil rights. While an improper denial of federal benefits does give rise to a property claim, it is not a civil rights claim. The problem is that your post suggests that the federal government has not denied you any benefits to which you are entitled. Your problem seems to be that the state is essentially incompetent and not doing what it is supposed to. That's something you typically have to address in state court. Before doing that, you likely must exhaust all administrative remedies.

Perhaps the University of New Mexico's law school clinic program would be able to assist you.

 

[quincy]

A link to the University of New Mexico law school was provided earlier.**

An in-state legal aid clinic would certainly be more helpful to skaht than one in California.

**nevermind - I see where I wrote the University of New Mexico law school but then forgot the link. Oops.

 

[skaht]

All of the New Mexico legal community has refused to help law school as well and there were no administrative remedies provided for ERAP benefits as it was a pandemic related one time benefit.the GAO is the oversight for it federally. The state failed to follow US Treasury department guidelines in disbursement. The state and federal agencies have all failed to render due process in the fact they did not take corrective actions in upholding our rights to the benefits by eligibility I appreciate you busting my balls on this it's helping me practice arguments

 

[quincy]

All of the New Mexico legal community has refused to help law school as well and there were no administrative remedies provided for ERAP benefits as it was a pandemic related one time benefit.the GAO is the oversight for it federally. The state failed to follow US Treasury department guidelines in disbursement. The state and federal agencies have all failed to render due process in the fact they did not take corrective actions in upholding our rights to the benefits by eligibility I appreciate you busting my balls on this it's helping me practice arguments

Good luck, skaht.

 

[skaht]

Well thank you for the help to all of you

 

[quincy]

Well thank you for the help to all of you

We all appreciate the thanks, skaht, especially since I know we did not tell you what you wanted to or hoped to hear.