True Harmony, et al. v. United States District Court for the Central District of California
Arbitration ERISA DueProcess JusticiabilityDoctri
Whether a federal court judge should be disqualified for lack of impartiality due to prior violations of the automatic stay in bankruptcy and denial of due process
QUESTIONS PRESENTED (1) Whether 28 U.S.C. §455 disqualifies a federal court judge for lack of impartiality to a reasonable observer in a federal civil rights and fraud action because as a state court judge he intentionally and continuously as a pattern or practice violated the automatic stay in bankruptcy of the plaintiffs in the federal action and entered judgments against civil rights and fraud plaintiffs in violation of the automatic stay in bankruptcy in the state court, and thus denied them Due Process of the laws under Federal law and the Federal constitution in the state action? (2) Whether the due process of the laws clause of the Bill of Rights of the U.S. Constitution p. i— Petition for the Writ of Certiorari in True Harmony et al. v. State Dept. of Justice et al. disqualifies a federal court judge from deciding plaintiffs’ federal civil rights and fraud action because of the appearance of his actual bias because as a state court judge in a former case he intentionally and continuously as a pattern or practice violated the automatic stay in bankruptcy of the federal action plaintiffs and entered judgment against plaintiffs in the state court action in violation of the automatic stay, and ipso facto denied them Due Process of the laws under the Federal law and Federal constitution? p. ii— Petition for the Writ of Certiorari in True Harmony et al. v. State Dept. of Justice et al.