Opinion
Criminal Action No. 3:00-CR-442-R.
May 31, 2005
MEMORANDUM OPINION AND ORDER
Before me is a document entitled "Motion for Reconsideration of Denial of May 13, 2005 To Be Heard by Chief Judge A. Joe Fish and to Recuse Judge Buchmeyer," filed May 20, 2005. In it, the defendant William M. Risby ("Risby"), acting pro se, appears to ask that I, as chief district judge, review an order of Judge Buchmeyer, dated May 13, 2005, denying Risby's motion for new trial filed April 8, 2005, and that I order Judge Buchmeyer to be recused from further proceedings in the case.
The problem is that I do not have authority, as chief judge, to grant the relief Risby seeks. See In re McBryde, 117 F.3d 208 (5th Cir. 1997), cert. denied, 524 U.S. 937 (1998), at 223 ("Chief Judge Buchmeyer as a district judge lacks the power of appellate review over his fellow district court judges") and 225-26 ("the chief judge cannot sit as a quasi-appellate court and review the decisions of other judges in the district via his [28 U.S.C.] § 137 assignment power"). Because I cannot review Judge Buchmeyer's decisions, Risby must seek relief in the first instance from Judge Buchmeyer, the judge to whom the case is assigned. If he does not receive relief from Judge Buchmeyer, his remedy is an appeal to the Court of Appeals.
For these reasons, I conclude that whatever merit or lack thereof Risby's claims may have, I cannot give him the relief sought in this motion. Accordingly, the motion is DENIED without prejudice to Risby bringing his claims, in a timely and proper manner, to Judge Buchmeyer for a ruling (or, if necessary thereafter, to the Court of Appeals).
SO ORDERED.