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In Re Caleb McGillvary

IFP petition


Certiorari denied · December 8, 2025

Questions presented

  1. Should the writ of mandamus issue to require Circuit Judge Michael A. Chagares to recuse himself from the instant habeas corpus proceedings, when evidence exists which shows that he was personally acquainted with the alleged victim in the underlying homicide case, whose estate donated $50,000 to Judge Chagares' alma mater and former workplace for transgender research; and when the medical examiner in that case indicated seeing judges including Chagares present at the active crime scene?

  2. Should the writ of mandamus issue to require the Judges of the 3rd Circuit U.S. Court of Appeals who are located in New Jersey to recuse themselves, when the medical examiner who was a key witness in the homicide proceeding underlying the instant habeas matter saw numerous NJ-located circuit judges present at the active crime scene; and when a pattern of obstruction by federal judicial officials in New Jersey has already resulted in assignment of the habeas corpus proceeding below to an out of district judge pursuant to 28 U.S.C. 292(b)?

Counsel of record

For petitioner
Caleb L. McGillvary

For respondent
Amanda Gerilyn Schwartz
New Jersey Division of Criminal Justice

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 08 2025
    Petition DENIED.
  2. Nov 21 2025
    Waiver of right of respondents Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C., Gerald H. Baker, Michael Galpern, Francisco Rodriguez, Jeffrey Rizika to respond filed.
  3. Nov 19 2025
    DISTRIBUTED for Conference of 12/5/2025.
  4. Nov 05 2025
    Waiver of right of respondent New Jersey Attorney General's Office to respond filed.
  5. Sep 03 2025
    Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due November 10, 2025)