No. 18-9317

Lena Lasher v. Naomi Reice Buchwald, Judge, United States District Court for the Southern District of New York

Lower Court: Second Circuit
Docketed: 2019-05-16
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: administrative-law civil-procedure code-of-federal-regulations due-process federal-appeals-court federal-courts injunctive-relief judicial-bias judicial-recusal recusal subject-matter-jurisdiction
Key Terms:
DueProcess Securities JusticiabilityDoctri
Latest Conference: 2020-01-10 (distributed 2 times)
Question Presented (AI Summary)

Should an injuctive relief be granted to address a federal appeals court's violation of the Code of Federal Regulations of Reconsideration Panel, 38 CFR 19.11?

Question Presented (from Petition)

QUESTIONS PRESENTED ; 1. Should an injuctive relief be granted to address a federal appeals court’s violation of the Code of Federal Regulations of Reconsideration Panel, 38 CFR 19.11? . In this specific case, the Second Circuit’s reconsideration panel included the same members who participated in the decision that was supposed to be under reconsideration, which is a direct violation of 38 CFR 19.11 which states in pertinent part that the reconsideration panel may not include any member who participated in the decision that is being reconsidered. . 2. Should an injunctive relief be granted when a judge’s rulings can be shown to be in conflict with the law itself, including definitions of terms within the law, and where her rulings can be shown to be a usurpation of powers reserved for the Attorney General under the law, and where her rulings are in conflict with rulings of other federal jurisdictions and her rulings can be shown to have had a negative impact on national industry where regulatory bodies and licensed professionals have to adapt in the absence of clear federal guidance correcting these conflicts? 3. Should a judge be required to recuse from matters where her rulings have been repeated shown to be in conflict with other federal courts, state regulatory agencies and with the law itself, where other courts have acquitted defendants over the same issues? 4. When a judge can be shown to have usurped administrative and legislative powers during a criminal proceeding to create subject matter jurisdiction where none would otherwise exist, and where other courts ruled there is no jurisdiction and state regulatory bodies have recognized the lack of jurisdiction, must she disqualify herself? 5. Should a judge be made to recuse herself from matters where she can be shown to have applied legal standards that clearly not applicable to the case matter, and when the charges did not claim violations of those inapplicable standards, where other jurisdictions have acquitted similarly charged defendants? 6. Must a Judge disqualify herself under 28 U.S.C. Sec 455(b)(1) when the judge has a demonstrable personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts (exculpatory evidence) concerning the judicial proceeding, and where the judge can be clearly shown in her own writings to not understand the law in question?

Docket Entries

2020-01-13
Rehearing DENIED.
2019-12-11
DISTRIBUTED for Conference of 1/10/2020.
2019-10-31
Petition for Rehearing filed.
2019-10-07
Petition DENIED.
2019-06-27
DISTRIBUTED for Conference of 10/1/2019.
2019-06-18
Waiver of right of respondent Buchwald, Naomi to respond filed.
2018-12-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2019)

Attorneys

Buchwald, Naomi
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Lena Lasher
Lena Lasher — Petitioner
Lena Lasher — Petitioner