No. 23-6140

In Re Yi Tai Shao

Lower Court: N/A
Docketed: 2023-11-30
Status: Pending
Type: IFP
IFP
Tags: 28-usc-636 civil-procedure due-process first-amendment judicial-conspiracy judicial-disqualification judicial-jurisdiction jurisdiction magistrate-judge venue-change
Key Terms:
Privacy
Latest Conference: 2024-02-16
Question Presented (AI Summary)

whether-district-court-dismissal-order-must-be-reversed

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the District Court’s dismissal order must be reversed and remanded to a neutral District Court when it is undisputed and no appellees objected to the fact that the Magistrate Judge was without jurisdiction to handle four motions for injunctive relief and issue dispositive order on her own dispositive motion as the assignment to her was banned by 28 U.S.C. §636(b)(1)(A) (App.72)? 2. Whether District Court’s dismissal order (by John A. Mendez) was made without jurisdiction such that dismissal must be reversed and remanded to a neutral judge as magistrate judge’s recommendation which Judge Mendez adopted is void for lack of jurisdiction because the District Court failed to get consent from Appellant for considering the Magistrate Judge’s recommendation as required by Anderson v. Woodcreek Venture Ltd., 351 F.3d 911 (9% Cir. 2003)? 3. Whether Judge John A. Mendez’s dismissal order/judgment must be reversed as Judge John A. Mendez violated Due Process and the First Amendment Right to Access the Court by willfully violating 28 U.S.C.§455(b)(5)(i) and §455(a) in illegally using his judge’s office to do favor to the defendants including Anthony M. Kennedy Inn of Court, a private not for profit organization which is a “child” to American Inns of Court Foundation, where Mendez is a long term officer, and many judges/justices who are Defendants are his long term friends in the same social club? 4. Should a writ of Error be issued to the panel at the Ninth Circuit on their June 29, 2023 Order (ECF 28) when the order issued a : summary denial regarding Plaintiffs motion for summary reversal | Error! Unknown switch argument. | | ‘ it without any analysis in disregard of the prevailing law of Anderson v. Woodcreek Venture Ltd., 351 F.3d 911 (9* Cir. 2003)? 5. Should June 29, 2023 order summary denying an uncontested Motion to Change Venue with a statement “No motion for reconsideration, clarification, or modification of this denial shall be filed or entertained” be vacated as such order constitutes a violation of the First Amendment of the Constitution when Circuit Rule 27; 11 expressly allowed a motion to reconsider? 6. Should a writ of Error be issued to the panel at the Ninth Circuit on their October 11, 2023 order (ECF 53, App.163) as the panel is demonstrated to have wantonly issued an order without any analysis regarding 7 motion raised in ECF 29 which is equivalent to willful refusing to decide when October 11, 2023 order was made after the panel was made known to the fact that it was not yet decided and not moot for five times (ECF 30’s first paragraph in : bolded heading, ECF 32, ECF 36, ECF 42, and ECF 52) then issued : a summary denial without any analysis when one of the seven | requests in ECF 29 was asking for statement of decision for ECF 28? 7. In denying judicial disqualification, should the panel judges lay out all relevant facts as required by Moran v. Clarke, 309 F.3d 516, 517 (8 Circuit 2002)? . 8. Should the appeal be transferred to an impartial, neutral Senior Judge at the Second Circuit Court of Appeal to form a neutral panel pursuant to United States v. District Court for Southern District of New York, 334 US 258 (1948) when Petitioner's motion to change venue that has demonstrated actual prejudice by the Ninth Circuit was not contested before June 29, 2023? 9. The recent evidence on 10/5/2023 that Judge John A. Mendez’s dismissal was out of conspiracy among defendants in Shao v. Error! Unknown switch argument. | it Roberts, et al., and new circumstantial evidence of conspiracies of i the Ninth Circuit and California four judges who committed 16+ | incidents of judicial kidnapping by concealing their names from the docket of related appeal of Appeal No.14-17400 (ECF 32, App.150155), besides to the uncontested crimes of the Ninth Circuit provides circumstantial evidence that the appellate panel appears : to be in conspiracy with Judge Mendez and the Appellees NOT TO REVERSE Mendez’s or

Docket Entries

2024-02-20
Because the Court lacks a quorum, 28 U.S.C. § 1, it is unable to take action on this petition, and the case is considered closed. The Chief Justice, Justice Thomas, Justice Alito, Justice Sotomayor, Justice Kagan, and Justice Kavanaugh are recused.
2024-01-18
DISTRIBUTED for Conference of 2/16/2024.
2024-01-03
Request for recusal received from petitioner.
2023-11-12
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2024)

Attorneys

Yi Tai Shao
Yi Tai Shao — Petitioner