On March 25, 2023, the Judicial Council for the Fifth Circuit dismissed a complaint under case no. 05-23-90004 filed against an unnamed United States Magistrate Judge.

The complainant, a state prisoner, complains that the judge refused to entertain his pending petition for a writ of habeas corpus, which has been eligible for review since March 2022.

The complainant also claims that the magistrate judge “will not” order the respondent to produce “the parole files,” which are the “single prepond[era]nce of credible evidence,” in support of the complainant’s assertion that he is being held unlawfully.

According to the court document, a review of the documents revealed that the complainant requested the Court to order the respondent to submit the parole files to the record. Although the magistrate judge did not issue an order regarding that request, the docket indicates that, two weeks later, the Respondent filed an answer to the § 2254 petition and attached a copy of the parole file.

The Court ruled that claims of delay cannot be considered as judicial misconduct. Furthermore, there is no evidence to suggest that any delays in the magistrate judge’s decision-making were a result of negligence or an attempt to deprive the complainant of his right to due process.

In dismissing the complaint, the Court based the dismissal under 28 U.S.C. 352(b)(1)(A)(iii) as lacking sufficient evidence to raise an inference that misconduct has occurred.

A copy of the original filing can be found here.