No. 25-6128

In Re Joseph Cammarata

Lower Court: N/A
Docketed: 2025-11-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review due-process judicial-process mandamus subject-matter-jurisdiction supreme-court-precedent
Latest Conference: 2026-01-16
Question Presented (from Petition)

1. Whether a United States Court of Appeals violates the Due Process Clause and the All
Writs Act, 28 U.S.C. § 1651(a), by refusing for over eight months to rule on an unopposed
petition for a writ of mandamus —a petition whose foundational allegations of constitutional
violations, judicial conflicts, and a lack of subject-matter jurisdiction have never been denied by
any respondent —thereby nullifying the right to appellate review and compelling this Court's
extraordinary intervention to cure a total breakdown of judicial process.

2. Whether the Third Circuit's deliberate refusal to apply or even acknowledge controlling
Supreme Court precedent —Sprint v. APCC Services, 554 U.S. '269 (2008) —which establishes
that the underlying conduct is not a crime, constitutes judicial bias and misconduct so severe as
to warrant this Court's supervisory mandamus to vacate a conviction void for lack of
subject-matter jurisdiction.

3. Whether a federal court's persistent enforcement of criminal convictions and civil
restraints after the legal basis for its jurisdiction has been conclusively negated by binding law
violates the Fifth Amendment's guarantee of due process and requires immediate corrective
action by this Court.

4. Whether this Court will uphold its duty to apply the law and correct a fundamental
miscarriage of justice —by ordering the release of an individual whose continued imprisonment
rests on proceedings irreparably tainted by documented, unrefuted structural violations, including
the denial of due process, undisclosed conflicts, failure to apply controlling law, and judicial
misconduct that, if acknowledged, necessarily implicates the integrity of the lower courts.

Question Presented (AI Summary)

Whether a United States Court of Appeals violates due process by refusing to rule on an unopposed mandamus petition for over eight months, thereby nullifying appellate review

Docket Entries

2026-01-20
Petition DENIED.
2025-12-31
DISTRIBUTED for Conference of 1/16/2026.
2025-12-05
Supplemental brief of petitioner Joseph Cammarata filed. (Distributed)
2025-12-03
Waiver of United States of right to respond submitted.
2025-12-03
Waiver of right of respondent United States to respond filed.
2025-10-21
Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due December 15, 2025)

Attorneys

Cammarata, In Re Joseph
Joseph Cammarata — Petitioner
United States
D. John SauerSolicitor General, Respondent