In Re: Howitz
| DAN HOWITZ |
| ELIZABETH MORSE and RONALD FELDMAN |
| 26-1794 |
| July 9, 2026 |
| U.S. Court of Appeals, First Circuit |
| Other |
Docket Report
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| JUDGMENT entered by Julie Rikelman, Appellate Judge; Seth Robert Aframe, Appellate Judge; and Joshua D. Dunlap, Appellate Judge: Petitioner Dan Howitz ("Petitioner") seeks a writ of mandamus to compel the magistrate judge overseeing discovery in the underlying district court case to recuse herself. With the points and arguments set out in the mandamus petition, Petitioner has failed to show that "extraordinary" mandamus relief is warranted. See Da Graca v. Souza , 991 F.3d 60, 64 (1st Cir. 2021) (explaining that "only exceptional circumstances amounting to a judicial usurpation of power, or a clear abuse of discretion, will justify the invocation of th[e] extraordinary remedy" of mandamus) (internal quotation marks, brackets, and citations omitted); see also Liteky v. United States , 510 U.S. 540, 555 (1994) (explaining that "judicial rulings alone almost never constitute a valid basis for a bias or partiality motion"). Therefore, the petition is denied . Any remaining pending motions or requests, to the extent not moot in light of the foregoing, are denied . We note that Petitioner also has pending in this court direct appeals from certain rulings in the district court matter underlying this petition (Appeal Nos. 26-1797 and 26-1802). Those appeals will be addressed in due course. [26-1794] (ATC) [Entered: 07/16/2026 01:50 PM] |
| MOTION to proceed in forma pauperis filed by Petitioner Dan Howitz. Served on 07/10/2026. [26-1794] (DH) [Entered: 07/10/2026 01:44 AM] |
| MOTION to proceed in forma pauperis filed by Petitioner Dan Howitz. Served on 07/10/2026. [26-1794] (DH) [Entered: 07/10/2026 01:49 AM] |
| ORIGINAL PROCEEDING docketed. Petition for a writ of mandamus filed by Petitioner Dan Howitz. Fee due 07/23/2026 . [26-1794] (ATC) [Entered: 07/09/2026 10:58 AM] |
| MOTION to stay lower court case filed by Petitioner Dan Howitz. Served on 07/09/2026. [26-1794] (ATC) [Entered: 07/09/2026 11:05 AM] |
| MOTION to consolidate cases 26-1792 and 26-1794 filed by Petitioner Dan Howitz. Served on 07/09/2026. [26-1792, 26-1794] (ATC) [Entered: 07/09/2026 11:07 AM] |
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