No. 19-7189

Kevin D. Moore v. United States

Lower Court: Fifth Circuit
Docketed: 2020-01-08
Status: Dismissed
Type: IFP
Response WaivedRelisted (2)IFP
Tags: bias civil-rights criminal-indictment due-process federal-procedure federal-rules-of-criminal-procedure judicial-bias judicial-misconduct judicial-recusal prosecutorial-misconduct recusal standing
Key Terms:
HabeasCorpus
Latest Conference: 2020-04-17 (distributed 2 times)
Question Presented (AI Summary)

Did the United States District Court (USDC) judge abuse his discretion in refusing to recuse himself

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1) Did the United States District Court (USDC) judge Reed Charles O'Connor abuse his discretion when he refused to recuse himself, in violation of the-plain and concise language in 28 USC §§144 and/or 455, after Petitioner timely filed his recusal motion with supporting sworn and notarized affidavit? 2) Did the USDC judge show bias or prejudice, when the record shows his continued refusal to adjudicate the merits of the undenied facts and irrefuted documented evidence from the Department of Justice (DOJ); the Executive Office for United States Attorneys (EOUSA); the National Personnal Records Center (NPRC), placed before the USDC judge-numerous times, that show that Petitioner's indictment(s) is/are invalid requiring dismissal with prejudice? 3) Was the assistant United States Attorney (AUSA) a duly appointed or authorized attorney for the government, during the relevant time period, when documented evidence shows she was not?; did the USDC judge show bias or prejudice by his continued refusal to adjudicate the merits of this claim-which he has never denied doing? 4) Did the AUSA violate Fed.R.Crim.P. (FRCrP) Rules 6(d)({1) and/or 7(c)(1)?; did the USDC judge show his bias or prejudice for his continued refusal to adjudicate the merits ofithis claim-which he has never denied doing? . i :

Docket Entries

2020-04-20
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2020-04-01
Motion DISTRIBUTED for Conference of 4/17/2020.
2020-03-12
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2020-03-02
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2020-02-13
DISTRIBUTED for Conference of 2/28/2020.
2020-02-07
Waiver of right of respondent United States to respond filed.
2019-11-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 7, 2020)

Attorneys

Kevin D. Moore
Kevin Moore — Petitioner
Kevin Moore — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent