No. 19-7189

Kevin D. Moore v. United States

Lower Court: Fifth Circuit
Docketed: 2020-01-08
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: bias civil-rights criminal-indictment due-process federal-procedure federal-rules-of-criminal-procedure judicial-bias judicial-misconduct judicial-recusal prosecutorial-misconduct recusal standing
Latest Conference: 2020-04-17 (distributed 2 times)
Question Presented (from Petition)

1) Did the United States District Court (USDC) judge Reed Charles O'Connor abuse his discretion when he refused to recuse himself/ in violation of the-plain and concise language in 28 USC §§144 and/or 455/ after Petitioner timely filed his recusal motion with supporting sworn and notarized affidavit?

2) Did the USDC judge show bias or prejudice/ when the record shows his continued refusal to adjudicate the merits of the undenied facts and irrefuted documented evidence from the Department of Justice (DOJ); the Executive Office for United States Attorneys (EOUSA); the National Personnal Records Center (NPRC)/ placed before the USDC judge-numerous times/ that show that Petitioner's indictment (s) is/are invalid requiring dismissal with prejudice?

3) Was the assistant United States Attorney (AUSA) a duly appointed or authorized attorney for the government/ during the relevant time period/ when documented evidence shows she was not?; did the USDC judge show bias or prejudice by his continued refusal to adjudicate the merits of this claim-which he has never denied doing?

4) Did the AUSA violate Fed.R.Crim.P. (FRCrP) Rules 6(d)(1) and/or 7(c)(1)?; did the USDC judge show his bias or prejudice for his continued refusal to adjudicate the merits off this claim-which he has never denied doing?

Question Presented (AI Summary)

Did the United States District Court (USDC) judge abuse his discretion in refusing to recuse himself

Docket Entries

2020-04-20
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
2020-04-01
Motion DISTRIBUTED for Conference of 4/17/2020.
2020-03-12
Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
2020-03-02
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8.
2020-02-13
DISTRIBUTED for Conference of 2/28/2020.
2020-02-07
Waiver of right of respondent United States to respond filed.
2019-11-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 7, 2020)

Attorneys

Kevin D. Moore
Kevin Moore — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent