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John Doe v. Purdue University, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 23-2764 · judgment November 6, 2023


Certiorari denied · April 1, 2024
Pre-decision estimate: 2% cert probability

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

Questions presented

  1. Should this Court exercise its supervisory authority to preserve the appearance and fact of justice by requiring review now of a denial of recusal for bias shown pursuant to 28 U.S.C. § 144 and 28 U.S.C. § 455 that otherwise would mean a trial before a biased Magistrate Judge, the bias shown in his rulings and the extra-judicial bias in his nomination to the Seventh Circuit, who would then be a colleague of the Seventh Circuit judges at the time of an appeal from a final judgment?

  2. Is it an important federal question for this Court’s consideration whether denials of recusal for bias shown pursuant to 28 U.S.C. § 144 and 28 U.S.C. § 455 be subject to appellate review per the collateral order doctrine of Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 546 (1949) and Coopers & Lybrand v. Livesay, 437 U.S. 463, 468 (1978), particularly given, as this Court held in Rose v. Clark, 478 U.S. 570, 577 (1986), that as a matter of constitutional law adjudication before a biased judge requires reversal regardless of the evidence and bias cannot effectively be adjudicated in an appeal of a final judgment?

Counsel of record

For petitioner
Philip A. Byler
LAW OFFICES OF PHILIP A. BYLER

For respondent
William Peter Kealey
Stuart & Branigin LLP

Case

Conference history
Distributed for 1 conference

Order
Order list, April 1, 2024 · Certiorari denied

Proceedings

  1. Apr 01 2024
    Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
  2. Mar 12 2024
    DISTRIBUTED for Conference of 3/28/2024.
  3. Mar 07 2024
    Waiver of right of respondent Purdue University, et al. to respond filed.
  4. Feb 05 2024
    Petition for a writ of certiorari filed. (Response due March 8, 2024)