In Re Justin Paul Dreiling

Unfortunate circumstances have brought an appeal by the petitioner to come forth to the United States Court of Appeals for the Federal Circuit. These un­ fortunate circumstances inherently implicate all ac­ tive, sitting circuit judges of the Federal Circuit as be­ ing both parties to the appeal and the very judges to adjudge upon the appeal. 28 U.S.C. § 455 requires the circuit judges to recuse themselves, and as a re­ sult, no quorum for the petitioner’s appeal can legally be made with an unbiased panel. No other recourse exists except through mandamus. The Questions Presented Are:

1. Can a judicial officer be both a judge and party at the same time?

2. Are all the active, sitting circuit judges of the United States Court of Appeals for the Federal Circuit parties to the petitioner’s appeal whereby they are subsequently bound to recuse themselves in accordance with 28 U.S.C. § 455?

3. Does this Court have the power under a writ of mandamus to compel such recusal, and use its au­ thority under 28 U.S.C. § 42 to temporarily assign Supreme Court justices to the Federal Circuit so a quorum can be formed to adjudge upon the peti­ tioner’s appeal with an unbiased panel?