In Re Gregory Charles Kapordelis
DueProcess HabeasCorpus Securities JusticiabilityDoctri
Whether this Court should issue a writ of mandamus
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.