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

The Eleventh Circuit Court of Appeals held that a Writ of Prohibition was frivolous that sought a change of venue and a prohibition on an unconsented-to magistrate judge and a district judge with conflicts of interests from further participation in the case. In this case, the unconsented-to magistrate judge made financial contributions to a fundraiser held by a defaulted defended prior to taking full control of the entry of a clerk’s default against the same defendant. The magistrate judge is also a member of a group called the “Fabulous Friends” in which another defendant, the Mayor of the City of Orlando, is also a member, as well as counsel for separate defendants. The district judge and his court reporter falsified transcripts in a related proceeding that affected the validity of claims made by the Petitioner. The questions presented are:

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