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In re Complaint of Judicial Misconduct

United States Court of Appeals, Ninth Circuit
Oct 20, 2009
No. 09-90037 (9th Cir. Oct. 20, 2009)

Opinion


IN RE COMPLAINT OF JUDICIAL MISCONDUCT No. 09-90037 United States Court of Appeals, Ninth Circuit October 20, 2009

ORDER

KOZINSKI, Chief Judge:

Complainant alleges that the district judge assigned to his civil case mischaracterized and ignored evidence and improperly granted the defendants' motions to dismiss and for summary judgment. 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 the proper vehicle for challenging the merits of a judge's rulings. See In re Charge of Judicial Misconduct, 685 F.2d 1226, 1227 (9th Cir. Jud. Council 1982).

Complainant also alleges that the judge was biased against him and favored the defendants. But complainant hasn't provided any objectively verifiable proof (for example, names of witnesses, recorded documents or transcripts) to support these allegations. See In re Complaint of Judicial Misconduct, 569 F.3d 1093, 1093 (9th Cir. Jud. Council 2009). Adverse rulings do not constitute proof of bias or favoritism. Because there is no evidence that misconduct occurred, these charges must be dismissed. See 28 U.S.C. § 352(b)(1)(A)(iii); Judicial-Conduct Rule 11(c)(1)(D).

To the extent that complainant raises allegations against the defendants, these allegations are dismissed because this misconduct complaint procedure applies only to federal judges. See Judicial-Conduct Rule 4; In re Charge of Judicial Misconduct, 569 F.3d at 1093.

DISMISSED.


Summaries of

In re Complaint of Judicial Misconduct

United States Court of Appeals, Ninth Circuit
Oct 20, 2009
No. 09-90037 (9th Cir. Oct. 20, 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 20, 2009

Citations

No. 09-90037 (9th Cir. Oct. 20, 2009)