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Jean Coulter v. Paul Laurence Dunbar Community Center, et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 21-1164 · judgment July 8, 2021


Certiorari denied · March 21, 2022
Pre-decision estimate: 0% cert probability

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

Questions presented

This case concerns a District Judge with an extensive history of Bias and violations of the Extrajudicial Source Doctrine - who is confident that Pervasive Bias will again protect him from the repercussions of his decisions to abuse his authority. From the very start, District Judge Schwab sua sponte reviewed other cases and used that knowledge to "support" an order blatantly/adversely affecting Petitioner's ability to respond - ultimately dismissing the Civil Action to avoid ruling on the pending Recusal Motion which cited the specifics of his clear bias in severely restricting Coulter's time for responses. The decision to research and dismiss before ruling on a "then-mooted" Recusal Motion resulted in only a private/quiet reprimand saying doing so was "not ideal". A subsequent Recusal Request cited the District Court's record of abuse - and the jurist responded by fisting the contents of all of Coulter's case he could find. Still this jurist refuses to recuse, despite twice violating ExtraJudicial Source Doctrine - and defying the Circuit (always without penalty). Now, on its 3rd appeal, Defendants' litigation insurance is gone, so the Circuit En Banc upheld the Summary Judgment, rather than again removing this judge from yet another case1! (a.) _________ Questions Presented ______.

  1. Has Bias/Pervasive Bias violated Due Process in both the District Court and the Third Circuit?

  2. Must procedures be instituted to assure that Appellate Courts act to end any violations of the Extrajudicial Source Doctrine - as acting otherwise means that legitimate decisions cannot be expected? 1 Judge Schwab was removed from U.S. v. Wecht (08-579 Cert, denied), West Penn Allegheny Health System v UPMC and twenty-one (21) Federal Public Defender case. i.

Counsel of record

For petitioner
Jean Coulter

For respondent
Nathan MarinKovich
Hardin Thompson, P.C.

Case

Conference history
Distributed for 2 conferences

Linked docket
21A127

Proceedings

  1. May 16 2022
    Rehearing DENIED.
  2. Apr 26 2022
    DISTRIBUTED for Conference of 5/12/2022.
  3. Apr 15 2022
    Petition for Rehearing filed.
  4. Mar 21 2022
    Petition DENIED.
  5. Feb 23 2022
    DISTRIBUTED for Conference of 3/18/2022.
  6. Feb 07 2022
    Waiver of right of respondent Paul Laurence Dunbar Community Center to respond filed.
  7. Jan 06 2022
    Petition for a writ of certiorari filed. (Response due February 11, 2022)
  8. Nov 04 2021
    Application (21A127) granted by Justice Alito extending the time to file until January 6, 2022.
  9. Oct 08 2021
    Application (21A127) to extend the time to file a petition for a writ of certiorari from November 7, 2021 to January 6, 2022, submitted to Justice Alito.