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10-3279 In re: Bergeron

Civil Procedure
Mandamus; judicial recusal

Where a party did not seek to stay district court proceedings after the judge declined to recuse herself, and the case has concluded, the petition for mandamus is denied.

“Although he asked us for mandamus before Judge Barker concluded the contempt proceeding by her award of sanctions to Eppley, Bergeron did not ask us to stay the proceeding in the district court and we did not, and now it’s too late for us to order the judge removed from the case, because she’s through with it. We could order a do-over of the contempt proceeding were this an egregious case of apparent bias, as the Supreme Court considered Liljeberg to be; but the appearance of impropriety in this case is too attenuated to justify that extraordinary remedy.”
Petition Denied.

10-3279 In re: Bergeron

Petition for Writ of Mandamus to the United States District Court for the Southern District of Indiana, Barker, J., Posner, J.

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