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John Todd Williams v. United States District Court for the Southern District of New York

IFP petition · United States Court of Appeals for the Second Circuit, No. 25-63 · judgment May 1, 2025


Certiorari denied · October 14, 2025

Questions presented

  1. Whether a federal appellate judge who was never properly designated under 28 U.S.C. § 294 may lawfully adjudicate a post-conviction 28 U.S.C. § 2255 motion, where the absence of such designation is confirmed by official federal court records, and whether any judgment rendered in such a proceeding is void for lack of jurisdiction under Article III of the Constitution.

  2. Whether Judge Richard J. Sullivan, having presided over Petitioner’s underlying criminal trial, violated 28 U.S.C. § 455(b)(1) and due process by adjudicating the petitioner’s subsequent 28 U.S.C. § 2255 motion, despite having personal knowledge of disputed facts and an apparent interest in defending his own prior rulings.

  3. Whether the failure of the government to ever obtain or present a valid forfeiture order in connection with the seizure and sale of Petitioner’s real properties—despite multiple searches and seizures—violates the Fifth Amendment’s due process protections and requires vacatur of the associated criminal and civil penalties. REFERENCE TO OPINIONS BELOW The United States Court of Appeals for the Second Circuit entered a final order denying Petitioner’s mandamus petition on May 1, 2025. The order of the Court of Appeals is reported at, and is attached to this Petition as Appendix A.

Counsel of record

For petitioner
John Todd Williams

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 14 2025
    Petition DENIED.
  2. Sep 25 2025
    DISTRIBUTED for Conference of 10/10/2025.
  3. Sep 23 2025
    Waiver of right of respondent U.S. District Court for the Southern District of NY to respond filed.
  4. Jul 03 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 22, 2025)