No. 23-5774

Andres Fernando Cabezas v. United States District Court for the Middle District of Florida

Lower Court: Eleventh Circuit
Docketed: 2023-10-12
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review circuit-policy civil-rights due-process interlocutory-appeal judicial-ethics judicial-recusal mandamus-petition public-confidence standing
Key Terms:
Environmental SocialSecurity Immigration
Latest Conference: 2023-11-09
Question Presented (AI Summary)

Is the Eleventh Circuit's policy of refusing review of facially valid mandamus petitions for recusal causing irreparable harm to the public's perception of the courts?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED ; . Several federal appellate circuits have endorsed the view that a federal district court's refusal to recuse is better resolved earlier in interlocutory appellate proceedings in order to protect the public's confidence in the judicial system. The Eleventh Circuit generally by policy and specifically in Cabezas's case rejects petitions for a writ of mandamus involving serious recusal questions on the basis of an appeal being an adequate remedy, with no consideration given to the harm in public confidence in the judiciary. Is the Eleventh Circuit's policy of refusing review of faciaily valid mandamus petitions for recusal causing irreparable harm to the public's perception of the courts? i

Docket Entries

2023-11-13
Petition DENIED.
2023-10-25
DISTRIBUTED for Conference of 11/9/2023.
2023-10-19
Waiver of right of respondent United States to respond filed.
2023-10-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 13, 2023)
2023-09-13
Application (23A239) granted by Justice Thomas extending the time to file until October 4, 2023.
2023-09-01
Application (23A239) to extend the time to file a petition for a writ of certiorari from September 4, 2023 to November 3, 2023, submitted to Justice Thomas.

Attorneys

Andres F. Cabezas
Andres Fernando Cabezas — Petitioner
Andres Fernando Cabezas — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent