No. 18-9158

Robert B. Lynn v. Theodore A. McKee, Judge, United States Court of Appeals for the Third Circuit, et al.

Lower Court: Third Circuit
Docketed: 2019-05-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bias bias-standard circuit-court-procedure due-process ex-parte-proceedings federal-courts judicial-bias judicial-conduct judicial-recusal legal-standard precedent recusal recusal-standard supreme-court supreme-court-precedent
Key Terms:
DueProcess FifthAmendment Takings CriminalProcedure Privacy
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Did the Third Circuit Court of Appeals use the wrong legal standard; in conflict with the precedents of The Supreme Court and the Other Courts of Appeals on the federal question that the standard for recusal is demanded when potential for bias too high to be constitutionally tolerable?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW: , 1. Did the Third Circuit Court of Appeals use the wrong legal standard; in conflict with the precedents of The Supreme Court and the Other Courts of Appeals on the federal question that the standard for recusal is demanded when potential for bias too high to be constitutionally tolerable? ; 2. Did the Third Circuit Court of Appeals in conflict with The Supreme Court and the Other Courts of Appeals precedents, fail to follow the laws and rules of the judiciary in condoning a proscribed procedure of one of the courts it is mandated to supervise in violation of 28 U.S.C. @ 455(a) and Canon 3(A)(4) forbidding judges from initiating exparte proceedings on an impending matter absent written consent violation Rule 43 (a) and violated the concept of fair notice applies equally to the judiciary? 2 ¥ , \ ,

Docket Entries

2019-10-07
Petition DENIED.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-06-03
Waiver of right of respondent McKee, Theodore, et al. to respond filed.
2019-03-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 5, 2019)

Attorneys

McKee, Theodore, et al.
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Robert Lynn
Robert B. Lynn — Petitioner
Robert B. Lynn — Petitioner