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Bradrick J. Collins v. Baylor University, et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-50018 · judgment July 20, 2017


Certiorari denied · January 16, 2018
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Does the Due Process Clause of the 5th Amendment to the U.S. Constitution and 28 U.S.C. § 455 require recusal when the Magistrate is an employee or former employee of Defendant (whom sought to cover over the employment relationship); the District Judge has an Endowment Fund (minimum amount $50,000.00) at Defendants Institution; and a District Judge condoning "[p]erhaps the most offensive and inflammatory racial slur in English, ...a word expressive of racial hatred and bigotry" McGinest v. GTE Service Corp., 360 F.3d 1103, 1116 (2004)? Did Congress pursuant to 28 U.S.C. 636(b)(1)(B) give Magistrate Judges the authority to decide clispositive matters absent consent of the parties and does the District Judge failure to conduct de novo review of objections made to a Magistrate's Report & Recommendations constitute reversible error asstated within Wimmer v. Cook, 774 F.2d 68, 76 (1985)? Whether a United States Court of Appeals refusal to apply a "standard of review" when affirming a: (1) district court grant of summary judgment (2) denial of a preliminary injunction and (3) denial of judicial recusals amounts to a blatant disregard for the United States Supreme Court Precedent?

Counsel of record

For petitioner
Bradrick J. Collins

For respondent
Roy L. Barrett
Naman, Howell, Smith & Lee, PLLC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 16 2018
    Petition DENIED.
  2. Dec 27 2017
    DISTRIBUTED for Conference of 1/12/2018.
  3. Dec 18 2017
    Waiver of right of respondent Baylor University, et al. to respond filed.
  4. Nov 17 2017
    Petition for a writ of certiorari filed. (Response due January 11, 2018)