No. 23-1216

Moliere Dimanche, Jr. v. United States District Court for the Middle District of Florida

Lower Court: Eleventh Circuit
Docketed: 2024-05-15
Status: Denied
Type: Paid
Response Waived
Tags: article-iii article-iii-constitution civil-consent-jurisdiction civil-procedure election-interference federal-magistrate-act federal-magistrates-act judicial-conflict-of-interest magistrate-judge thompson-v-clark void-conviction writ-of-prohibition
Latest Conference: 2024-09-30
Question Presented (from Petition)

1. Did the Eleventh Circuit Court of Appeals err in holding that the Writ of Prohibition was frivolous?

2. Does the Federal Magistrate's Act contemplate allowing district courts to refer any part of a civil proceeding to a magistrate judge when all parties have expressed a rejection of the magistrate's civil-consent jurisdiction in writing? Specifically, if the parties state "the parties do not consent to a magistrate judge" in writing, is a district court's referral of a civil action to a magistrate judge for rulings on pretrial motions; dispositive motions; and issuing a report and recommendation a violation of the Federal Magistrate's Act and Article III of the Constitution?

3. Does a void conviction secured by an attorney who is not authorized to sign charging documents under the governing statutes of either state or federal law, qualify as "a favorable termination of the underlying criminal prosecution" under this Court's holding in THOMPSON v. CLARK?

Question Presented (AI Summary)

Did the Eleventh Circuit Court of Appeals err in holding that the Writ of Prohibition was frivolous?

Docket Entries

2024-10-07
Petition DENIED.
2024-06-26
DISTRIBUTED for Conference of 9/30/2024.
2024-05-23
Waiver of right of respondents Phil Diamond, Rose Acosta, Debra Bradley and Terri Wilson to respond filed.
2024-03-19

Attorneys

Moliere Dimanche
Moliere Dimanche Jr. — Petitioner
Phil Diamond, Rose Acosta, Debra Bradley and Terri Wilson
Jessica Christy ConnerDean, Ringers, Morgan & Lawton, P.A., Respondent