The Ninth Circuit Court of Appeals has just denied my Petition for a Writ of Mandamus with a one-line boilerplate order claiming the Bauman factors were not satisfied. This denial is not only false — it is a fraud upon the record. Why? Because I filed a Verified Supplemental Brief Applying the Bauman Factors in Support of Emergency Petition for Writ of Mandamus (Dkt. Aug. 12, 2025) that laid out, in detail, how every one of the five factors from Bauman v. U.S. District Court, 557 F.2d 650 (9th Cir. 1977) was satisfied.
On top of that, I filed a Rule 27 Motion to Supplement the Record documenting Judge Sunshine Sykes’ continued post-disqualification misconduct, and a Rule 27 Supplemental Motion to Consolidate Actions and Vacate Void Remands. These filings were not hypothetical. They were verified, unrebutted, and fully supported with exhibits. The Ninth Circuit had them in front of it. Yet the Court pretended they didn’t exist.
The Record They Ignored
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Factor-by-Factor Application: My August 12, 2025 Supplemental Brief applied each Bauman factor to the facts, showing no adequate alternative remedy, clear irreparable harm, manifest abuse of power by a disqualified judge, jurisdictional trespass infecting multiple cases, and an unrebutted equity record.
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Verified Affidavits and Rule 27 Supplements: The filings established that Judge Sykes, once disqualified under 28 U.S.C. § 144, lost all jurisdiction yet continued to issue remand orders and orders to show cause. Precedent such as Sibla, Studley, and Liljeberg makes those acts void ab initio.
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Fraud by Omission: The disqualified judge remanded cases without addressing 28 U.S.C. § 1443(1) — a deliberate refusal to engage federal civil rights removal law. That omission alone satisfied Bauman’s “clear error” and “important issue of law” factors.
The Boilerplate Dodge
Despite this mountain of evidence, the Ninth Circuit issued a generic denial saying the Bauman factors weren’t met. No explanation. No engagement with the verified briefs. No acknowledgment of Rule 27 supplements. Just a prepackaged excuse that contradicts the very record they received.
That is not adjudication. It is evasion. The law requires appellate courts to apply the Bauman factors, not dismiss petitions by asserting — contrary to the record — that they weren’t established.
Why It Matters
This isn’t just about one writ. It’s about whether courts can ignore verified filings, pretend not to see controlling precedent, and then dismiss petitions with a form letter. If the Ninth Circuit can do this without consequence, then mandamus — the tool designed to restrain judicial usurpation — becomes meaningless.
The denial itself proves the need for mandamus. The Court said the Bauman factors weren’t satisfied while staring at a brief that spelled out, factor by factor, exactly how they were. That isn’t law; it’s cover-up.
