The United States Court of Appeals for the Fourth Circuit Judicial Council on August 23, 2022, denied a Petition for Review relating to judicial misconduct charges against a federal judge for the latter’s dismissal of the complainant’s federal habeas petitions and for relieving the state attorney general of their ethical duty.
The case is styled as “In the matter of a Judicial Complaint Under 28 U.S.C. Section 351′ with case number 04-22-90104.
On July 21, 2022, the Court dismissed the judicial complaints as merits-related and lacking in evidentiary support pursuant to 28 U.S.C. § 352(b)(1)(A)(ii), (iii),
The Court, in its Memorandum and Order, stated:
“The majority of complainant’s allegations are directly related to the merits of the subject judge’s rulings in the underlying proceedings and, therefore, are subject to dismissal. Complainant may not pursue his disagreement with the subject judge’s rulings through a complaint of judicial misconduct. Furthermore, complainant’s allegation that the subject judge “reliev[ed] the state attorney general” of an ethical duty“ lack[s] sufficient evidence to raise an inference that misconduct has occurred.” 28 U.S.C.§ 352(b)(1)(A)(iii);see In re Complaint of Jud. Misconduct, 552 F.3d 1146, 1147 (9th Cir. Jud. Council 2009) (dismissing allegations of judicial bias, discrimination, and conspiracy on the ground that complainant failed to provide “objectively verifiable proof” to “raise an inference that misconduct occurred”).”
Accordingly, upon consideration of the Judicial Complaint, Record Materials, Memorandum and Order and the Petition for Review, the Court denied the petition.
The Court, in denying the petition, in its Order decreed:
“It is ORDERED that the Petition for Review in No. 04-22-90104 is hereby denied.”
A copy of the original filing can be found here.
