On November 16, 2022, the Chief Judge of the Eleventh Judicial Circuit dismissed the complaint, with case no. 11-22-90157, against a U.S. District Judge of the same circuit for fraud.
The charges cited the Code of Conduct for United States Judges Canon 3A(2).
The Code of Conduct can be found here.
The complaint alleged that the Subject Judge committed fraud in the court and violated Canon 3A(2) of the Code of Conduct for United States Judges by dismissing the above-described case when it was not assigned to him. Moreover, the complainant alleged that the Subject Judge failed to rule on his Rule 60 motion, which rendered his Notice of Appeal ineffective.
The filing states:
“The record shows that in April 2022 Complainant filed a civil-rights action against multiple defendants. The Subject Judge then issued an order transferring the case to another district judge for all further proceedings pursuant to a local rule, and the case was given a new case number. The assigned district judge then issued several orders in the case, and the defendants filed a motion to dis- miss the case. In August 2022, the Subject Judge dismissed the action and found that Complainant’s claims violated a profiling injunction that had been issued against him. The complainant filed a motion for relief from judgment or order under Federal Rule of Civil Procedure 60(d)(3), and the motion was stricken per the prior dismissal order. The complainant also filed a notice of appeal, and his appeal was clerically dismissed for want of prosecution.”
According to the court, The Complaint fails to present a basis for a finding of misconduct. Complainant’s remaining claims are based on allegations lacking sufficient evidence to raise an inference that the Subject Judge improperly acted in a case not assigned to him, committed fraud on the court, violated the Code of Conduct for United States Judges, or otherwise engaged in misconduct. Thus, the complaint is dismissed.
A copy of the original filing can be found here.
