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In Re Roger Towers, et ux.

Paid petition


Certiorari denied · March 20, 2023
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

QUESTIONS In context of the refusal of Congress to create additional Article III Judgeships:

  1. Does the distribution of Article III judgeships pursuant to 28 U.S.C. §§44 (circuit judges) &133 (district judges) satisfy the Due Process Clause of the Fifth Amendment and/or Article III?

  2. Should the Magistrates Act be invalidated due to a false presumption of “total control” of the referral process?

  3. Should the judgments in these related cases be set aside due to: a) an unlawful exercise of jurisdiction; b) denial of due process; or, c) in the interests of justice?

Counsel of record

For petitioner
Roger David Towers

For respondent
Derek P. Cole
Cota Cole & Huber LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 20 2023
    Petition DENIED.
  2. Mar 01 2023
    DISTRIBUTED for Conference of 3/17/2023.
  3. Feb 15 2023
    Waiver of right of respondents County of San Joaquin, et al. to respond filed.
  4. Jan 06 2023