No. 22-6203

Peter Gakuba v. Rachel Dodd

Lower Court: Seventh Circuit
Docketed: 2022-12-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-amendment 28-usc-2253 28-usc-2254 civil-procedure due-process habeas habeas-corpus judicial-bias pro-se-petition structural-error
Latest Conference: 2023-01-06
Question Presented (from Petition)

I.

HABEAS 28 USC § 2254; CERT. OF APPEAL. 28 USC §2253; F.R. CIV. P. RULE 60(B)(6)

Per Gonzalez v. Crosby, 545 US 524, 125 S. Ct. 2641 (2005), Gakuba's F.R.Civ.P.Rule 60(b)(6) motion challenging the USDC-ND.IL, Rockford, E-Division's violation of habeas due process on "mixed" habeas petitions when it dismissed "unexhausted" claims then denied exhausted claims, was DENIED in an unsupported and wholly conclusory order.

This was objectively unreasonable, contrary to Gonzalez. See accord Sparks v. Dorethy, 2018 US APP LEXIS 32265 ** 1-3 (USCA-7)(01/09/2018)("mixed" habeas cites Rose v. Lundy, 455 US 569 (1982); Rhines v. Weber, 544 US 369 (2005)).

First, Fifth and 14th Amendments violations.

II.

HABEAS 28 USC § 2254; CERT. OF APPEAL. 28 USC §2253; F.R. CIV. P. RULE 60(B)(6); N.D. IL Local Rule 40.3(b)(1)(C)-(D)

N.D. IL Local Rule 40.3(b)(1)(C)-(D) barred USDC-ND IL Judge Frederick Kapala from presiding over Gakuba's first pro se habeas petition because USDC-ND IL Judge Kapala already was presiding over Gakuba's extant pro se civil suits. Gakuba v. O'Brien, 711 F.3d 751 (7th Cir. 2013); Gakuba v. O'Brien, 12-cv-7296 (USDC-ND IL); Gakuba v. Karner, 13-cv-50218 (USDC-ND IL).

Per se conflict-of-interest USDC-ND IL Judge Kapala's denial of Gakuba's first pro se habeas petition was violative of Gakuba's 14th Amendment right to be free from an irrationally biased and prejudiced federal jurist. Structural error. 5th and 14th Amendments violations.

Affirmance of this structural error meant the USCA7 was biased and prejudiced too.

Question Presented (AI Summary)

issues-being-raised

Docket Entries

2023-01-09
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. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam). Justice Barrett took no part in the consideration or decision of this motion and this petition.
2022-12-08
DISTRIBUTED for Conference of 1/6/2023.
2022-12-06
Waiver of right of respondent Rachel Dodd to respond filed.
2022-11-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2023)

Attorneys

Peter Gakuba
Peter Gakuba — Petitioner
Rachel Dodd
Katherine Marie DoerschOffice of the Illinois Attorney General, Respondent