Legal Opinion
In Re Vicki Lopez-Lukis, Sylvester Lukis
Court of Appeals for the Eleventh Circuit
Decided March 19, 1997No. 97-2286PublishedCited by 18 opinions
1Opinion of the Court
BY THE COURT:
This matter is before us on a petition for writ of mandamus in which petitioners are seeking an order requiring the district court judge to grant their previously denied motion seeking his recusal pursuant to 28 U.S.C. § 455.
It is well established that mandamus is an extraordinary remedy, which is available only to correct a clear abuse of discretion or usurpation of judicial power. E.g., In Re: Fink, 876 F.2d 84 (11th Cir. 1989); United States v. Fernandez-Toledo, 737 F.2d 912, 919 (11th Cir.1984). The petitioners have the burden of showing that their right to issuance of the…
2Cases cited3 opinions
- Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
- In Re David Stuart Fink, M.D., David Stuart Fink, M.D., P.A.Court of Appeals for the Eleventh Circuit · 1989
- United States v. Fernandez-ToledoCourt of Appeals for the Eleventh Circuit · 1984
3Cited by18 opinions
- Cobell, Elouise v. Norton, GaleCourt of Appeals for the D.C. Circuit · 2003
- In re: Walter Leroy Moody, Jr.Court of Appeals for the Eleventh Circuit · 2014
- In re: Ford Motor CompanyCourt of Appeals for the Eleventh Circuit · 2003
- Carpenter v. Mohawk Industries, Inc.Court of Appeals for the Eleventh Circuit · 2008
- United States v. CercedaCourt of Appeals for the Eleventh Circuit · 1998
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