No. 25-5855

In Re Caleb McGillvary

Lower Court: N/A
Docketed: 2025-10-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 3rd-circuit conflict-of-interest habeas-corpus judicial-ethics judicial-recusal mandamus
Key Terms:
ERISA HabeasCorpus JusticiabilityDoctri
Latest Conference: 2025-12-05
Question Presented (from Petition)

1. Should the writ of mandamus issue to require Circuit Judge Michael A. Chagares to recuse himself from the instant habeas corpus proceedings, when evidence exists which shows that he was personally acquainted with the alleged victim in the underlying homicide case, whose estate donated $50,000 to Judge Chagares' alma mater and former workplace for transgender research; and when the medical examiner in that case indicated seeing judges including Chagares present at the active crime scene?

2. Should the writ of mandamus issue to require the Judges of the 3rd Circuit U.S. Court of Appeals who are located in New Jersey to recuse themselves, when the medical examiner who was a key witness in the homicide proceeding underlying the instant habeas matter saw numerous NJ-located circuit judges present at the active crime scene; and when a pattern of obstruction by federal judicial officials in New Jersey has already resulted in assignment of the habeas corpus proceeding below to an out of district judge pursuant to 28 U.S.C. 292(b)?

Question Presented (AI Summary)

Whether a writ of mandamus should issue to require recusal of 3rd Circuit judges due to alleged conflicts of interest in a habeas corpus proceeding

Docket Entries

2025-12-08
Petition DENIED.
2025-11-21
Waiver of Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C., Gerald H. Baker, Michael Galpern, Francisco Rodriguez, Jeffrey Rizika of right to respond submitted.
2025-11-21
Waiver of right of respondents Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C., Gerald H. Baker, Michael Galpern, Francisco Rodriguez, Jeffrey Rizika to respond filed.
2025-11-19
DISTRIBUTED for Conference of 12/5/2025.
2025-11-05
Waiver of right of respondent New Jersey Attorney General's Office to respond filed.
2025-09-03
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due November 10, 2025)

Attorneys

Caleb McGillvary
Caleb L. McGillvary — Petitioner
Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C., Gerald H. Baker, Michael Galpern, Francisco Rodriguez, Jeffrey Rizika
Rubin Maxwell SininsJaverbaum Wurgaft, et al., Respondent
New Jersey Attorney General's Office
Amanda Gerilyn SchwartzNew Jersey Division of Criminal Justice, Respondent