No. 25-5450

John Todd Williams v. United States District Court for the Southern District of New York

Lower Court: Second Circuit
Docketed: 2025-08-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: article-three due-process federal-appellate-judge judicial-designation jurisdiction post-conviction-motion
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2025-10-10
Question Presented (AI Summary)

Whether a federal appellate judge who was never properly designated under 28 U.S.C. § 294 may lawfully adjudicate a post-conviction 28 U.S.C. § 2255 motion, where the absence of such designation is confirmed by official federal court records, and whether any judgment rendered in such a proceeding is void for lack of jurisdiction under Article III of the Constitution

Question Presented (OCR Extract)

1. Whether a federal appellate judge who was never properly designated under 28 U.S.C. § 294 may lawfully adjudicate a post-conviction 28 U.S.C. § 2255 motion, where the absence of such designation is confirmed by official federal court records, and whether any judgment rendered in such a proceeding is void for lack of jurisdiction under Article III of the Constitution. 2. Whether Judge Richard J. Sullivan, having presided over Petitioner ’s underlying criminal trial, violated 28 U.S.C. § 455(b)(1) and due process by adjudicating the petitioner ’s subsequent 28 U.S.C. § 2255 motion, despite having personal knowledge of disputed facts and an apparent interest in defending his own prior rulings. 3. Whether the failure of the government to ever obtain or present a valid forfeiture order in connection with the seizure and sale of Petitioner ’s real properties —despite multiple searches and seizures —violates the Fifth Amendment ’s due process protections and requires vacatur of the associated criminal and civil penalties. REFERENCE TO OPINIONS BELOW The United States Court of Appeals for the Second Circuit entered a final order denying Petitioner ’s mandamus petition on May 1, 2025. The order of the Court of Appeals is reported at, and is attached to this Petition as

Docket Entries

2025-10-14
Petition DENIED.
2025-09-25
DISTRIBUTED for Conference of 10/10/2025.
2025-09-23
Waiver of U.S. District Court for the Southern District of NY of right to respond submitted.
2025-09-23
Waiver of right of respondent U.S. District Court for the Southern District of NY to respond filed.
2025-07-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 22, 2025)

Attorneys

U.S. District Court for the Southern District of NY
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Williams John
John Todd Williams — Petitioner
John Todd Williams — Petitioner