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In re Complaint of Judicial Misconduct

United States Court of Appeals, Ninth Circuit
Oct 26, 2009
No. 08-90201 (9th Cir. Oct. 26, 2009)

Opinion


IN RE COMPLAINT OF JUDICIAL MISCONDUCT No. 08-90201 United States Court of Appeals, Ninth Circuit October 26, 2009

ORDER

KOZINSKI, Chief Judge

This complainant filed a misconduct complaint alleging that the district judge assigned to his civil case was biased against him. I dismissed the prior charge because it lacked objectively verifiable proof of bias. See In re Complaint of Judicial Misconduct, Nos. 08-90082+ (9th Cir. Jud. Council 2009). The current complaint repeats this allegation, and complainant again fails to provide any supporting evidence. 28 U.S.C. § 352(b)(1)(A)(iii); Judicial-Conduct Rule 11(c)(1)(D); see also In re Complaint of Judicial Misconduct, 563 F.3d 853, 854 (9th Cir. Jud. Council 2009).

Complainant also alleges that the judge made various improper substantive and procedural rulings. These charges relate directly to the merits of the judge's rulings and must therefore be dismissed. See 28 U.S.C. § 352(b)(1)(A)(ii); Judicial-Conduct Rule 11(c)(1)(B). A misconduct complaint is not a proper vehicle for challenging a judge's decisions on the merits. See In re Charge of Judicial Misconduct, 685 F.2d 1226, 1227 (9th Cir. Jud. Council 1982).

Further misconduct complaints presenting fundamentally the same allegations may be dismissed summarily as frivolous. Moreover, complainant is cautioned that a "complainant who has filed repetitive, harassing, or frivolous complaints, or has otherwise abused the complaint procedure, may be restricted from filing further complaints." Judicial-Conduct Rule 10(a); see also In re Complaint of Judicial Misconduct, 552 F.3d 1146, 1148 (9th Cir. Jud. Council 2009).

DISMISSED.


Summaries of

In re Complaint of Judicial Misconduct

United States Court of Appeals, Ninth Circuit
Oct 26, 2009
No. 08-90201 (9th Cir. Oct. 26, 2009)
Case details for

In re Complaint of Judicial Misconduct

Case Details

Full title:IN RE COMPLAINT OF JUDICIAL MISCONDUCT

Court:United States Court of Appeals, Ninth Circuit

Date published: Oct 26, 2009

Citations

No. 08-90201 (9th Cir. Oct. 26, 2009)