No. 21-1039

In Re Gregory Charles Kapordelis

Lower Court: N/A
Docketed: 2022-01-26
Status: Denied
Type: Paid
Response Waived
Tags: 28-usc-1291 28-usc-2253 appellate-jurisdiction civil-procedure extraordinary-writ federal-courts mandamus recusal recusal-orders statutory-jurisdiction
Key Terms:
DueProcess HabeasCorpus Securities JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Whether this Court should issue a writ of mandamus

Question Presented (OCR Extract)

QUESTION PRESENTED : Whether this Court should issue a writ of mandamus directing Eleventh Circuit judges Grant ; and Lagoa to exercise appellate jurisdiction under 28 U.S.C. § 1291, and to thereby effect a merits review of otherwise appealable recusal orders issued by the district court in the underlying civil proceeding, where (i) appellate jurisdiction under § 1291 is nondiscretionary; (ii) appellate jurisdiction is not predicated on the COA requirements set forth at 28 U.S.C. § 2253(c); (iii) the recusal orders were rendered appealable (i.e., ripe) once they were targeted in the notice of appeal after entry of a final order disposing of all claims in the case; and (iv) this Court has deemed it "treason" to the Constitution for a federal court to decline the exercise of statutory jurisdiction established by Congress.

Docket Entries

2022-02-22
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2022-02-02
DISTRIBUTED for Conference of 2/18/2022.
2022-01-28
Waiver of right of respondent United States to respond filed.
2022-01-20
Petition for a writ of mandamus filed. (Response due February 25, 2022)

Attorneys

Gregory Kapordelis
Gregory Charles Kapordelis — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent