No. 22-712

Andrew W. Shalaby v. United States District Court for the Northern District of Illinois

Lower Court: Seventh Circuit
Docketed: 2023-01-31
Status: Denied
Type: Paid
Tags: appellate-jurisdiction attorney-disqualification case-dismissal court-of-appeals court-procedure district-court due-process false-reporting judicial-misconduct judicial-nominee lack-of-jurisdiction
Key Terms:
DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2023-03-31
Question Presented (AI Summary)

Did Judicial Nominee Mr. Iain D. Johnston fabricate a non-existent certiorari petition case name on his response to the U.S. Senate's Questionnaire for Judicial Nominees, falsely characterize it as a 'Bluebooking error,' and fabricate allegations about the informant to the District Court, resulting in issuance of the order dismissed by the Court of Appeals for lack of jurisdiction?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW This petition seeks to resolve a paradox wherein the lower court systemically issues certain orders without affording due process, and in turn the Court of Appeals systemically dismisses appeals from such orders as akin to “administrative” decisions, and stating that the appellant may seek judicial redress instead. 1. Did Judicial Nominee Mr. Iain D. Johnston fabricate a non-existent certiorari petition case name on his response to the U.S. Senate’s Questionnaire for Judicial Nominees, falsely characterize it as a “Bluebooking error,” and fabricate allegations about the informant to the District Court, resulting in issuance of the order dismissed by the Court of Appeals for lack of jurisdiction?’ 2. Has the Seventh Circuit Court of Appeals been systemically dismissing similar appeals for many years on the mistaken belief that the federal court could be sued in a civil court? 3. Have the systemic dismissals of such appeals ‘My. Johnston characterized a false Supreme Court petition case name he reported on p.34 of his response to the Senate as a “Bluebooking error” (See A.W.S. v. Johnston, 4:22-cv-04718-JSW (N. Dist. CA), dkt. 36 p.9:6-7), and does not deny that he made a false reporting to the District Court about the informant Mr. Shalaby (/d. at 11:6-22). il caused the District Court to adopt a regular practice of opening civil cases as the plaintiff while also serving as Judge, entering orders adverse to their defendants, then closing the cases the same day, without having filed or served any complaints, and without affording defendants the opportunity to respond?” 4. Does the Court of Appeals’ practice of dismissing such appeals violate its own decisional authorities? 5. Does the Court of Appeals’ awareness that the District Court systemically issues such orders without affording due process independently invoke the Court of Appeals’ managerial jurisdiction to correct the District Court’s ongoing wrongful practice? 6. Does the participation of a magistrate judge as a voting member on the District Court’s Executive Committee, without consent of the defendant, on dispositive matters, violate 28 U.S.C. section 636(c)? 7. Does affirmance based on a non-final underlying order disqualifying an attorney warrant overturning Richardson-Merrell, Inc. v. Koller, 472 U.S. 424 (1985), a holding which states that orders disqualifying attorneys are not appealable under the “collateral order” exception to the final judgment rule? >See, for example, Pacer docket for: In re Long, 1:05-cv-05709 (N. Dist. IL); In re Kowalski, 1:18-cv-07228 (N. Dist. IL); In re Shalaby, 1:20-cv-4315 (N. Dist. IL).

Docket Entries

2023-04-03
Petition DENIED.
2023-03-15
DISTRIBUTED for Conference of 3/31/2023.
2023-01-26
2022-11-18
Application (22A443) granted by Justice Barrett extending the time to file until January 27, 2023.
2022-11-15
Application (22A443) to extend the time to file a petition for a writ of certiorari from November 28, 2022 to January 27, 2023, submitted to Justice Barrett.

Attorneys

Andrew W. Shalaby
Alan J. GouldLaw Office of Alan J. Gould, Petitioner
Alan J. GouldLaw Office of Alan J. Gould, Petitioner