Filed: Jun. 13, 2019
Latest Update: Mar. 03, 2020
Summary: CLD-181 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 19-1922 _ In re: FREDERICK H. BANKS, Petitioner _ On a Petition for Writ of Mandamus from the United States District Court for the Western District of Pennsylvania (Related to W.D. Pa. Crim. No. 2:15-cr-00168-001) _ Submitted Pursuant to Rule 21, Fed. R. App. P. May 9, 2019 Before: CHAGARES, RESTREPO and SCIRICA, Circuit Judges (Opinion filed: June 13, 2019) _ OPINION * _ PER CURIAM Charged with interstate stalki
Summary: CLD-181 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 19-1922 _ In re: FREDERICK H. BANKS, Petitioner _ On a Petition for Writ of Mandamus from the United States District Court for the Western District of Pennsylvania (Related to W.D. Pa. Crim. No. 2:15-cr-00168-001) _ Submitted Pursuant to Rule 21, Fed. R. App. P. May 9, 2019 Before: CHAGARES, RESTREPO and SCIRICA, Circuit Judges (Opinion filed: June 13, 2019) _ OPINION * _ PER CURIAM Charged with interstate stalkin..
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CLD-181 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 19-1922
___________
In re: FREDERICK H. BANKS,
Petitioner
____________________________________
On a Petition for Writ of Mandamus from the
United States District Court for the Western District of Pennsylvania
(Related to W.D. Pa. Crim. No. 2:15-cr-00168-001)
____________________________________
Submitted Pursuant to Rule 21, Fed. R. App. P.
May 9, 2019
Before: CHAGARES, RESTREPO and SCIRICA, Circuit Judges
(Opinion filed: June 13, 2019)
_________
OPINION *
_________
PER CURIAM
Charged with interstate stalking, 18 U.S.C. § 2261(a)(2), aggravated identity theft,
18 U.S.C. § 1028A(a)(1) and other crimes, Frederick Banks has been awaiting trial in the
United States District Court for the Western District of Pennsylvania. Despite being
represented by counsel, Banks has filed with the District Court innumerable pro se
motions and miscellaneous writings. He has also filed with this Court several pro se
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
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petitions for a writ of mandamus. See CA Nos. 19-1263; 18-3687; 18-3317; 18-3295; 18-
1129; 18-1014; and 17-3754. Currently before the Court is Banks’s latest mandamus
petition, which seeks disqualification of the District Judge and the prosecuting United
States Attorney based on scattershot allegations of bias.
Banks has not presented even an arguable basis for mandamus relief, let alone the
required showing that his right to such relief is “clear and indisputable.” Hollingsworth v.
Perry,
558 U.S. 183, 190 (2010) (per curiam); see also SecuraComm Consulting, Inc. v.
Securacom Inc.,
224 F.3d 273, 278 (3d Cir. 2000) (noting the oft-stated proposition “that
a party’s displeasure with legal rulings does not form an adequate basis for recusal”).
Accordingly, his petition will be denied. 1
1
Banks’s serial request that this Court “discharge[]” him from confinement and
“terminate” his criminal case is denied. There is no basis for Banks to receive such relief
at this time.
2