In Re COLLIER ( 2022 )


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  • Case: 22-165    Document: 4     Page: 1    Filed: 11/18/2022
    NOTE: This order is nonprecedential.
    United States Court of Appeals
    for the Federal Circuit
    ______________________
    In re: IRINA COLLIER,
    Petitioner
    ______________________
    2022-165
    ______________________
    On Petition for Writ of Mandamus to the United States
    Court of Appeals for the Federal Circuit.
    ______________________
    ON PETITION
    ______________________
    PER CURIAM.
    ORDER
    Irina Collier submits a filing entitled “writ of manda-
    mus and the notice of appeal.” ECF No. 2 at 1. 1 Ms. Collier
    1    To the extent that Ms. Collier also intended to sub-
    mit a complaint of judicial misconduct against justices of
    the Supreme Court of the United States, this court lacks
    jurisdiction to review such a complaint. See 
    28 U.S.C. § 351
    (providing that a complaint may be filed against a circuit,
    district, bankruptcy, or magistrate judge, but not including
    Supreme Court justices under the definition of the term
    “judge” covered by the Judicial Conduct and Disability
    Act).
    Case: 22-165     Document: 4     Page: 2    Filed: 11/18/2022
    2                                              IN RE: COLLIER
    has not responded to the court’s order of September 14,
    2022, directing her to inform the court as to whether this
    matter should remain under seal.
    In May 2022, this court dismissed a prior appeal from
    Ms. Collier for lack of jurisdiction and noted she had an
    appeal pending before the United States Court of Appeals
    for the Ninth Circuit seeking review of the same decision.
    Collier v. Univ. of Cal., Berkeley, No. 2022-1442, 
    2022 WL 1676223
    , at *1 (Fed. Cir. May 26, 2022). In June 2022, this
    court also dismissed Ms. Collier’s petitions for issuance of
    an emergency writ in connection with the same case. Col-
    lier v. Univ. of Cal., Berkeley, No. 2022-1442 (Fed. Cir. June
    29, 2022), ECF No. 18 at 2. It is unclear what relief Ms.
    Collier is seeking in the current petition, but she has iden-
    tified her Ninth Circuit appeal; “case 18FL000889,” which
    appears to be a state court matter; and a motion docketed
    as No. 21M88 that she filed at the Supreme Court. 2
    “The All Writs Act is not an independent basis of juris-
    diction, and the petitioner must initially show that the ac-
    tion sought to be corrected by mandamus is within this
    court’s statutorily defined subject matter jurisdiction.”
    Baker Perkins, Inc. v. Werner & Pfleiderer Corp., 
    710 F.2d 1561
    , 1565 (Fed. Cir. 1983). This court’s jurisdiction is lim-
    ited and does not include jurisdiction to review the deci-
    sions of other appellate courts, state courts, or the Supreme
    Court. We therefore dismiss her petition. We also see no
    basis for the docket of this matter to remain under seal.
    Accordingly,
    2   The Supreme Court granted Ms. Collier’s motion
    for leave to file a petition for a writ of certiorari from an-
    other Ninth Circuit appeal and ultimately denied her peti-
    tion in May 2022.
    Case: 22-165     Document: 4    Page: 3     Filed: 11/18/2022
    IN RE: COLLIER                                              3
    IT IS ORDERED THAT:
    (1) The petition is dismissed.
    (2) The court’s docket in this matter will no longer be
    sealed, but Ms. Collier’s petition, ECF No. 2, will remain
    sealed.
    FOR THE COURT
    November 18, 2022                    /s/ Peter R. Marksteiner
    Date                            Peter R. Marksteiner
    Clerk of Court
    

Document Info

Docket Number: 22-165

Filed Date: 11/18/2022

Precedential Status: Non-Precedential

Modified Date: 11/18/2022