No. 18-6507

Alice Brown v. Del Norte County, California, et al.

Lower Court: Ninth Circuit
Docketed: 2018-10-30
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: constitutional-discrimination dereliction-of-duty due-process equal-protection fraudulent-concealment constitutional-rights due-process equal-protection federal-procedure fourteenth-amendment interlocutory-appeal judicial-disqualification jurisdiction magistrate-judge ninth-circuit
Key Terms:
DueProcess
Latest Conference: 2019-02-22 (distributed 2 times)
Question Presented (from Petition)

THE UNITED STATES SUPREME COURT DECIDED IN BERGER THE JUDGE TO RETIRE FROM THE CASE WHEN THE AFFIANT BELIEVES THAT THE JUDGE HAS A PERSONAL BIAS OR PREJUDICE AGAINST HIM AND FROM THE FACTS ESTABLSH A "BENT OF MIND" OR MENTAL ATTITUDE AGAINST THE AFFIANT WHICH MAY PREVENT OR IMPEDE IMPARTIAUTY OF JUDGMENT. P. 2S5 U.S. 3O. UNDER TITLE 28 UNITED STATES CODE SECTION 4S5 (A) " ANY JUSTICE, JUDGE, OR MAGISTRATE JUDGE OF THE UWITED STATES SHALL DISQUALIFY HIMSELF IN ANY PROCEEDING IN WHICH HIS IMPARTIALITY MIGHT REASONABLY BE QUESTIONED." PETITIONER REQUESTS A PETITION FOR AN EXTRAORDINARY WRIT BE FILED FOR CONSIDERATIONTO ADORESS THE ISSUE OF DISQUALIFICATION OF MAGISTRATE JUDGE, EQUAL JUSTICE UNDER LAW, AND THE FRAUDULENT CONCEALMENT DOCTRINE.

PETITIONER FURTHER REQUESTS THIS PETITION BE FILED AND CERTIORARI (NO. 17-9567), DOCKETED ON JUNE 26, 2O18, THAT 10 CURRENTLY PENDING IN THIS COURT BECAUSE PETITIONER CLAIMS THAT BOTH PETITIONS STEM FROM THE SAME ISSUES, SUCH AS BENT OF MIND OF MAGISTRATE JUDGE, UNCONSTITUTIONAL DISCRIMINATION, DERELICTION OF DUTY, ANO FRAUDULENT CONCEALMENT.

THE QUESTIONS PRESENTED RAISE PRESSING ISSUES OF NATIONAL IMPORTANCE:

I. WHETHER THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ERRED IN DISMISSING THE INTERLOCUTORY APPEAL FOR LACK OF JURISDICTION THEREBY VIOLATING THE DUE PROCESS CLAUSE AND THE EQUIAL PROTECTION CLUSE OF THE FOURTEENTH AMENOMENT TO THE CONSTITUTION OF THE UNITEO STATES OF AMERICA.

2. WHETHER THE UNITED STATES DISTRICT COURT'S MAGISTRATE JUOGE, ROBERT M. ILLMAN, ERRED IN DENYING PLAINTIFF'S / PETITIONER'S MAGISTRATE JUDGE DENIED SAID MOTION WITHOUT EXPLANATION AND FAILED TO DISCLOSE THE FINOINGS OF FACT AND CONCLUSIONS OF THE JUDGMENT.

FAILURE TO DISCLOSE FINDINGS OF FACT AND CONCLUSIONS OF LAW CONSTITUTE "FRAUDULENT CONCEAUMENT" BY MAGISTRATE JUDGE ROBERT M. ILMAW.

ROBERT M. IULMAN ERRED WHEN HE DENIED THE MOTION FOR DISQUALIFICATION OF MAGISTRATE JUDGE BASED ON HIS OWN BENT M ' 'E 'G E CLAIMS AT ISSUE.

5. WHETHER THE UNITED STATES DISTRICT COURT PRACTICED UNCONSTITUTIONAL DISCRIMINATION AGAINST THE DISADVANTAGED, POOR ANO BLACK, PLAINTIFF/ PETITIONER WHEN IT DENIED MOTIONFOR DISQUALIFICATION OF MAGISTRATE JUDGE ANO VACATED THE THE EQUAL PROTECTION CLAUSE OF THE FOURTEENTH AMENOMENT TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA.

6. WHETHER THE PLAWTIFF/ PETITIONER HAD A RIGHT TO BE HEARD ANO A RIGHT TO A HEARING TO PRESENT EVIDENCE TO SUPPORT THE NEED FOR THE DISQUALIFICATION,

Question Presented (AI Summary)

Whether the United States Court of Appeals for the Ninth Circuit erred in dismissing the interlocutory appeal for lack of jurisdiction, thereby violating the due process clause and the equal protection clause of the Fourteenth Amendment

Docket Entries

2019-02-25
Rehearing DENIED.
2019-02-06
DISTRIBUTED for Conference of 2/22/2019.
2019-01-25
Petition for Rehearing filed.
2019-01-07
Petition DENIED.
2018-12-13
DISTRIBUTED for Conference of 1/4/2019.
2018-11-19
Waiver of right of respondents Del Norte County, CA, et al. to respond filed.
2018-08-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 29, 2018)

Attorneys

Alice Brown
Alice Brown — Petitioner
Del Norte County, CA, et al.
Nicholas R. KloeppelMithcell, Brisso, Delaney & Vrieze, LLP, Respondent
Joel Leachman, et al.
Noel J. FranciscoSolicitor General, Respondent