No. 19-6974

Wilfredo Torres v. Bellevue South Associates LLP, et al.

Lower Court: Second Circuit
Docketed: 2019-12-17
Status: Denied
Type: IFP
Response WaivedIFP
Tags: conflict-of-interest due-process federal-judiciary judicial-conflicts-of-interest judicial-ethics judicial-impartiality judicial-independence judicial-misconduct judicial-oversight judicial-recusal statutory-interpretation
Key Terms:
AdministrativeLaw Privacy
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Whether 18 U.S.C. Section 455(a) is unconstitutionally vague, ambiguous, arbitrary, capricious, and violates due process of law

Question Presented (OCR Extract)

QUESTION PRESENTED: In her short tenure as U.S. District Judge of the Southern District of New York, the Honorable Ronnie Abrams has presided over a number of cases that presented issues in which her recusal was justified such as: ---Present case: TORRES VS CITY OF NEW YORK, ET AL.(16CV2362) in which a clear conflict of interest exists due to the Judge's marriage to Greg Andres, Esq, employed by defendant U.S. Department of Justice-Office of Special Counsel Robert Mueller; and also employed by law firm Davis Polk & Wardell, LLP which represents in other cases defendant mega-landlord and political donor The Blackstone Group. My recusal request was denied by Judge Abrams on 2-04-19, stating: "18USC section 455(a): a Judge shall only disqualify herself in a proceeding where her impartiality might reasonably be questioned". The decision was affirmed by the U.S. Court of Appeals for the Second Circuit on 6-13-19, case 19-395. Although on 9-05-19, I timely filed the present Writ of Certiorari in this Court, on 9-03-19 Judge Abrams further consummated her conflict of interest by dismissing my related lawsuit 18CV6434 against defendant The Blackstone Group, represented in other cases by Davis Polk & Wardell, LLP. — Daye . ‘ > ---SEGARRA VS FEDERAL RESERVE BANK OF NEW YORK (13CV7173) made world headlines when late in the proceedings Judge Abrams told the litigants: oy just learned that my husband, Greg Andres, Esq. is a member of the law firm Davis Polk & Wardell, LLP representing Wall Street defendants in this multi-billion dollar lawsuit". The Plaintiff asked for details, and Judge Abrams dismissed the case, stating: "This honorable Court does not allow Judge-shopping". The decision was affirmed by the U.S. Court of Appeals for the Second Circuit, which, in a clear demonstration of Wall Street control over these Courts, and to discourage future lawsuits from others, dehumanized the young Plaintiff by calling her "silly". A curious angle to these cases is that Judge Abrams, and her mentor, U.S. Senator Kirsten Gillibrand, are former employees of Davis Polk & Wardell, LLP. ---CITIZENS FOR RESPONSIBILITY IN EHTICS VS TRUMP (17CV0458) in which the Judge recused herself, thus accepting as a conflict of interest her husband's employment at the US. Justice Department-Office of Special Counsel Robert Mueller as related to the case. CONCLUSION: 18USC Section 455 (a): " A judge shall only disqualify herself in a proceeding where her impartiality might reasonably be questioned" is unconstitutionally vague, ambiguous, arbitrary, capricious, violates due process of law, and brings corrupt practices to the federal judiciary.

Docket Entries

2020-02-24
Petition DENIED.
2020-01-23
DISTRIBUTED for Conference of 2/21/2020.
2019-12-26
Waiver of right of respondent Bellevue South Associates, LP to respond filed.
2019-12-19
Waiver of right of respondents City of New York, Colby Wright, Nicholas Machio, Michael Traverso and Krzysztof Fryc to respond filed.
2019-09-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 16, 2020)

Attorneys

Bellevue South Associates, LP
James Robert Pigott Jr.Phipps Houses, Respondent
James Robert Pigott Jr.Phipps Houses, Respondent
City of New York, Colby Wright, Nicholas Machio, Michael Traverso and Krzysztof Fryc
Daniel Matza BrownNew York City Law Department, Respondent
Daniel Matza BrownNew York City Law Department, Respondent
Wilfredo Torres
Wilfredo Torres — Petitioner
Wilfredo Torres — Petitioner