In re Complaint of Doe

640 F.3d 861, 2011 U.S. App. LEXIS 12411
CourtJudicial Council of The Eighth Circuit
DecidedFebruary 24, 2011
DocketJCP No. 08-11-90005
StatusPublished

This text of 640 F.3d 861 (In re Complaint of Doe) is published on Counsel Stack Legal Research, covering Judicial Council of The Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Complaint of Doe, 640 F.3d 861, 2011 U.S. App. LEXIS 12411 (judcoun8 2011).

Opinion

WILLIAM JAY RILEY, Chief Judge.

1. BACKGROUND

This is a judicial complaint filed by a disbarred attorney on January 17, 2011 against a United States district judge. The district judge is presiding over a long-running case involving the attorney both as counsel and contemnor. On February 2, 2011, upon request, the district judge responded to the complainant’s allegations.

It would serve no purpose to catalogue the lengthy procedural history of the underlying lawsuit. Suffice it to say that the complainant disagrees with some of the district judge’s rulings in that case. The complainant correctly concedes that the merits of the district judge’s rulings in the lawsuit may not be relitigated here. See 28 U.S.C. § 352(b)(l)(A)(ii); Judicial-Conduct and Judicial-Disability Proceedings of the Judicial Conference of the United States (J.C.U.S.) Rule 11(c)(1)(B).

The complainant identifies “three issues that are appropriate for subjects of complaint in that they are considered non-merits related.” The complainant alleges the district judge: (1) “had an improper motive for the failure to recuse himself’; (2) “engaged in inappropriately hostile [862]*862treatment of a litigant”; and (3) “had an improper bias towards both litigants in this case,” that is, “was baised [sic] in favor of [the defendants] and had a negative bias against me.”

II. ANALYSIS

A. Allegation of Improper Motive for Failure to Recuse

First, the complainant alleges the district judge “had an improper motive for the failure to recuse himself.”

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Related

Liteky v. United States
510 U.S. 540 (Supreme Court, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
640 F.3d 861, 2011 U.S. App. LEXIS 12411, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-complaint-of-doe-judcoun8-2011.