Review of court clerk rulings
In Re Barry Brooks, Jr., Petitioner
In brief
- Where it stands
- Petition Pending
Awaiting an order on the petition
- What it’s about
- Barry Brooks asks the Supreme Court to order the Eleventh Circuit to have a judge review his challenge to a clerk’s order. He argues that the court must provide that review and that no other remedy is available.
- What's at stake
- For Brooks, it remains unresolved whether an Eleventh Circuit judge must review his challenge to the clerk’s order.
Summary: written with AI from the case record.
What it's about
Brooks says he used court rules to ask the Eleventh Circuit to reconsider, wipe out, or change an order issued by its clerk.
Question presented
1. Whether the U.S. Court of Appeals for the 11th Circuit owes a clear, indisputable, non-discretionary, and ministerial duty to submit for judicial determination a motion filed pursuant to Federal Rule of Appellate Procedure 27(b) and 11th Circuit Rule 27-2 seeking reconsideration, vacatur, or modification of an order of its own Clerk, where the delegating rule makes clerical authority expressly "subject to review by the court," where no judicial officer of that court has acted upon the motion, and where no order of that court addresses it. 2. Whether a writ of mandamus issued by this Court under 28 U.S.C. § 1651(a) is the only adequate remedy available to Petitioner, where a clerk’s disposition of the motion invoking judicial review yields no appealable order and no judgment from which certiorari may be sought under 28 U.S.C. § 1254(1); where no district court may compel a court of appeals to act; where that court cannot issue mandamus to itself; where rehearing is exhausted; and where 11th Circuit Rule 27-3 forbids any successive motion for reconsideration. 3. Is mandamus under 28 U.S.C. § 1651(a) the only adequate remedy when a clerk’s disposition creates no appealable order or certiorari-eligible judgment (§ 1254(1)), no district court can compel the court of appeals, the court can’t mandamus itself, rehearing is exhausted, and 11th Cir. R. 27-3 bars successive reconsideration?
What happens next
The Court must decide whether to hear the petition. No argument or decision date is set.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Brief added: Petition
More questions
- Why does Brooks say he needs the Supreme Court’s help?
- He argues that no other available step can require the Eleventh Circuit to have a judge review the clerk’s order.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.