No. 18-6018

In Re Gary Ivan Terry

Lower Court: N/A
Docketed: 2018-09-18
Status: Dismissed
Type: IFP
Response WaivedIFP
Tags: actual-bias all-writs-act bias due-process fifth-amendment fourth-circuit judicial-bias mandamus recusal-statute separation-of-powers writ-of-mandamus
Key Terms:
DueProcess FifthAmendment Privacy
Latest Conference: 2018-10-12
Question Presented (AI Summary)

Whether the federal recusal statute was violated when a panel of judges on the United States Court of Appeals for the Fourth Circuit denied the motion for disqualification

Question Presented (OCR Extract)

questions presented are: 1. Whether the federal recusal statute was violated when a panel of judges on the United States Court of Appeals for the Fourth Circuit denied the motion for ; disqualification. 2. Ifso, whether the issuance of a writ of mandamus under the All Writs Act, 28 U.S.C. § 1651(a), directing the United States Court of Appeals for the Fourth Circuit to vacate the panel of judges’ order denying the motion for recusal is appropriate if all three conditions are met. 3. Whether the constitutional doctrine of separation-of-power was infringed ; upon when a panel of judges on the United States Court of Appeals for the Fourth Circuit denied the motion for recusal. 4. Whether the Due Process Clause of the Fifth Amendment to the United States Constitution was violated when a panel of judges on the United States Court of Appeals for the Fourth Circuit denied the motion for recusal when the probability of . actual bias on the part of the judges is too high to be constitutionally tolerable. ii

Docket Entries

2018-10-15
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of mandamus is dismissed. See Rule 39.8. Justice Kagan took no part in the consideration or decision of this petition.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-25
Waiver of right of respondent UNITED STATES to respond filed.
2018-08-28
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due October 18, 2018)

Attorneys

Gary Ivan Terry
Gary Ivan Terry — Petitioner
Gary Ivan Terry — Petitioner
UNITED STATES
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent