No. 22-5600

Quincetta Y. Cargill v. Alabama, et al.

Lower Court: Eleventh Circuit
Docketed: 2022-09-16
Status: Denied
Type: IFP
Response WaivedIFP
Tags: affidavit-of-bias appellate-review civil-rights counsel-ineffectiveness due-process judicial-discretion judicial-misconduct motion-denial personal-jurisdiction recusal standing
Key Terms:
HabeasCorpus
Latest Conference: 2022-10-28
Question Presented (from Petition)

1. Where the petitioner-appellont had filed a timely aud sufficient
before
455 Agpinst the U.S. District Court Judge
be certifed that appeal was not taker in good frith,
yet where be failed to mertiow or ack nowlege the existerce of
before
the Affidavit of PersonAl BiAs Awd Prejudice
making such opiNion,
should not the issue /order derying in forma pauporis
be reviewed?

2. WbereAfter AN Affidavitof Pesowal Bins Avd Prejudice uNder
28 U.S.C. 5144 and 455 wAs filed AgAiNst the U.S. District Court
Judge, nud where the Appeal filed wAs callinig into rccount the Actions
of the judge against whom the Affidanit was iled.
should not his decision to Cortify Apperl not takevin good frith,
butafter frilure to Neither respond to the Affidauit nor
notify the U.s. Court of Apperls of its existevce
be reviewed under Abuse of Disretion standards?

3. where the petitioner-appellant has beer permitted to procecd
informa pruperis bythe Urited states District on prewious occassions,
where unde Criminal Justice Act the petitiorer-Appellant has bew
Appointed CJA legAl representation bAsed upoN fiNanciAl Need And
where Affidavit of Poverty has bew fied in United states Distnot
Court.
docs not the judges decision to inuoke restrictions / prohibitiows
AgriNst informts paupois status
constitute Judicinl misconduct or crerte the rppernrnce
of bins or malice?

4. should ar district court judge Knowingly rnd willingly
the Appeal was filed based upon the judge's Aotions ? (Judicinl Misconduct)

5. where the petitioner -Appellant reported to the v.s. Courtof
Apperls that aN Affidaut of PersoNAl Birs rwd Prejudice
had beew submitted rrainst the district court judge
before the district court judpe had arkered his final decision.
should not Any subscquent order as was extered by
the U.s. Court of Appenls be rennnded and rwiewed?

6. The petitioner-appellant declared Povorty upon record
in the l.S. Court of Apperls and the Unvited states Distrct Court.
And can not financially afford to pay a docket fee.
should she be devied the opportunity to be heard ow apperl
based wpow her inability to pry fecs?

7. Should the district coust judge houe discloscd to the U.s. Court
of Apperts that an Affidovit of resonirl Bins and Prejudice
was filedaerinst him before proceding to euter judment?

8. where the district court judge friled to recuse hinself
And denied the petitioner - appetlant's motion For Recusrel
shouldbe hove brw allowed to continne to euter judgnent?

9. Affidavit of PessoNAl Bins And Prejudice wAs Accomp

Question Presented (AI Summary)

Whether the district court judge's failure to disclose and respond to the petitioner's affidavit of personal bias and prejudice under 28 U.S.C. §§ 144 and 455 was an abuse of discretion

Docket Entries

2022-10-31
Petition DENIED.
2022-10-13
DISTRIBUTED for Conference of 10/28/2022.
2022-10-12
Waiver of right of respondent Alabama, et al. to respond filed.
2022-08-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 17, 2022)

Attorneys

Alabama, et al.
Marc Alan StarrettAlabama Attorney General's Office, Respondent
Quincetta Y. Cargill
Quincetta Y. Cargill — Petitioner