Opinion
01-22-00878-CV
11-13-2023
Awad O. Mustafa v. Texas Workforce Commission, Brian Daniel, Aron S. Demerson, Julian Alvarez, "S. Sunday," "P. Payne," Ofelia de Leon, HTS Services, Inc., Tarek Morsi, Misel Repak, Mahmoud Hassan, Shafi Mohamed, and Yewande "Wendy" Adelaja
ORDER ON MOTION TO RECUSE
Terry Adams, Chief Justice.
Acting for the En Banc Court[*]
Party filing motion: Appellant, Awad O. Mustafa
On November 13, 2023, appellant, Awad O. Mustafa, proceeding pro se, filed an "Emergency Motion to Remove Justice Amparo Guerra From the Panel(s), Grant Oral Argument, and/or [in] the Alternative Transfer the Appeal to the 14th Court of Appeals." In his motion, appellant states, without supporting evidence, that Justice Guerra has been "legally barred and lawfully held from any involvement in this appeal," and requests that she be removed as a member of the Panel considering his appeal.
Appellant previously filed a motion to recuse Justice Guerra on June 20, 2023. After declining to voluntarily recuse herself from this appeal, Justice Guerra certified the matter to the en banc Court for consideration and ruling. See Tex. R. App. P. 16.3(b). On July 25, 2023, the en banc Court unanimously denied appellant's first motion to recuse Justice Guerra.
Appellant subsequently filed an "Amended Notice of Appeal," seeking to appeal the en banc Court's July 25, 2023 order.
In his November 13, 2023 motion, appellant argues that removal of Justice Guerra is appropriate because her "selection to the [P]anel or her participation in any way in this appeal constitutes an intended violation to the [S]tate of Texas and constitution, as long as . . . [a]ppellant's right to [a]ppeal the July 25, 2023 [order] is guaranteed and constitutionally protected by the authority of" Rules 16.3(c) and 53.7 of the Texas Rules of Civil Procedure. See Tex. R. App. P. 16.3(c) (permitting appellate review of the denial of recusal motion), 53.7 ("time and place of filing" petition of review in Texas Supreme Court); see also Sears v. Olivarez, 28 S.W.3d 611, 616-17 (Tex. App.-Corpus Christi- Edinburg 2000, no pet.) (party may seek appellate review from appellate court's denial of recusal motion); see also Leija v. State, 456 S.W.3d 157, 158 (Tex. Crim. App. 2015) (concluding that appeal from denial of motion to recuse appellate court justice "occurs only after final judgment" of appellate court).
With respect to appellant's motion to recuse, Justice Guerra has certified the matter to the en banc Court for consideration and ruling. See Tex. R. App. P. 16.3(b). The en banc Court denies appellant's motion to recuse Justice Guerra.
It is so ORDERED.
[*] En banc court consists of Chief Justice Adams and Justices Kelly, Goodman, Landau, Hightower, Countiss, Rivas-Molloy, and Farris.