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In Re Michael E. Tindall

Paid petition


Certiorari denied · May 4, 2026
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

Whether a Writ of Mandamus should issue to the United States Court of Appeals for the Sixth Circuit where an appellate panel:

  1. Introduced a newly discovered, previously undisclosed extra-judicial designation ('Sr.'), for Appellant, into the judicial record after August 29, 2025, the date of original panel assignment—a designation absent from the entire underlying record and all party briefing, that could only have resulted from undisclosed ex parte communication(s);

  2. Refused to apply the mandatory presumption of prejudice required by Sixth Circuit and Supreme Court precedent (Standard All. Ind. Inc. v. Black Clawson Co.', Price Bros. Co. v. Philadelphia Gear Corp.', Liljebersg v. Health Serv. Acq. Corp.) upon the discovery of this undisclosed ex parte communication(s) requiring mandatory vacatur and re-assignment to a new untainted panel; and

  3. Issued an intentionally false and logically impossible ’boilerplate" denial of mandatory vacatur, claiming the issue was "considered"

Counsel of record

For petitioner
Michael E. Tindall

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 04 2026
    Petition DENIED.
  2. Apr 15 2026
    DISTRIBUTED for Conference of 5/1/2026.
  3. Feb 27 2026
    Petition for a writ of mandamus filed. (Response due April 3, 2026)