Whether a federal district court judge's potential conflict of interest, arising from being a named defendant in a related lawsuit, requires mandatory disqualification under 28 U.S.C. § 455(a) and warrants vacating a writ of possession

No question identified. : INTRODUCTION This Application arises from extraordinary circumstances involving judicial misconduct, procedural irregularities, and immediate irreparable harm. Despite a pending Petition for Writ of Mandamus seeking to disqualify the presiding district court judge for conflict of interest and procedural defects, the district court issued and began enforcing a writ of possession, causing Applicant to face imminent eviction from property critical to the provision of healthcare services. Immediate intervention is necessary to preserve the status quo, prevent irreparable harm to Applicant and the local community, and protect the integrity of the judicial process. FACTUAL BACKGROUND 1. Applicant is the owner and operator of Inland Family Practice, a medical facility located at 3700 Hardy Street, Hattiesburg, Mississippi, which provides essential healthcare services, including opioid addiction treatment, chronic illness management, and urgent care for vulnerable populations. 2. On December 2, 2024, the presiding judge in Case No. issued a Writ of Habere Facias Possessionem, authorizing eviction of Applicant and seizure of the property. 3. The writ was delivered to the U.S. Marshal for enforcement on the same day, with execution now imminent or already underway. 4. Applicant’s Petition for Writ of Mandamus, filed with the U.S. Court of Appeals for the Fifth Circuit, remains pending. The mandamus petition seeks the disqualification of the presiding judge under 28 U.S.C. § 455(a) due to a conflict of interest (the judge is a named defendant in a related federal lawsuit filed by Applicant) and procedural irregularities. PROCEDURAL HISTORY 1. Mandamus Petition: Applicant filed a Petition for Writ of Mandamus with the Fifth Circuit, challenging the impartiality of the district court judge and the fairness of rulings in the underlying case. 2. Emergency Motion to Stay: Applicant also filed an Emergency Motion to Stay the execution of the writ of possession with the Fifth Circuit, which remains pending. 3. Issuance of Writ: The district court issued the writ of possession on December 2, 2024, despite the unresolved mandamus petition and emergency motion. LEGAL ARGUMENT 1. Likelihood of Success on the Merits e Applicant’s mandamus petition presents strong grounds for relief, including violations of judicial impartiality under 28 U.S.C. § 455(a) and procedural irregularities that undermine the integrity of the proceedings. e The district court judge’s continued involvement in the case, despite being a named defendant in a related lawsuit filed by Applicant, raises serious concerns about fairness and impartiality. 2. Irreparable Harm ¢ Execution of the writ will cause immediate and irreparable harm by: o Disrupting critical healthcare services provided at 3700 Hardy Street, endangering the health and safety of patients who depend on Applicant’s practice. o Causing significant financial losses and reputational damage that cannot be remedied through monetary damages. 3. Balance of Equities ¢ The harm to Applicant and the community far outweighs any inconvenience to the opposing party, who retains legal remedies to resolve possession disputes. 4. Public Interest e Granting a stay serves the public interest by preserving access to essential healthcare services and protecting the integrity of the judicial system. RELIEF REQUESTED WHEREFORE, Applicant respectfully requests that the Honorable Justice Samuel Alito, as Circuit Justice for the Fifth Circuit, issue an order: 1, Staying the execution of the Writ of Habere Facias Possessionem issued by the U.S. District Court for the Southern District of Mississippi (Case No. pending resolution of the mandamus petition before the Fifth Circuit. 2. Granting such other and further relief as this Court deems just and proper. ATTACHMENTS: 1. Relevant lower court orders, including the writ of possession. 2. Mandamus petition filed in the Fifth Circuit. 3. Emergency Motion to Stay