On Wednesday, November 16, 2022, the Chief Judge of the Eleventh Judicial Circuit dismissed a complaint against an Unnamed District Judge for being biased in handling a proceeding.
The charges cited the Code of Conduct for U.S. Judges Canon 3A(2).
The Code of Conduct can be found here.
The case is entitled “In the matter of an Unnamed Judge” with case no. 11-22-90142.
On July 2022, the complainant filed a civil rights action against two defendants in regard to his claims about his ban from the healthcare facility. Also, he filed a motion to disqualify the Subject Judge, alleging he was biased and had personal knowledge of disputed facts. In August of the same year, the subject Judge dismissed the case with prejudice as an attempted end run of the pre-filing injunction.
The filing states:
“The record shows that in March 2022 Complainant filed an action under the Federal Tort Claims Act alleging he had been im- properly banned from a healthcare facility. He then filed multiple motions seeking various types of relief, including a motion to dis- qualify the assigned judges and two motions for summary judgment, and the district judge from the above-described case entered orders denying the motions. The defendant filed a motion to dismiss. In August 2022, the Subject Judge issued an order dismissing the action and finding Complainant violated the extant prefiling injunction. The Subject Judge also modified the prefiling injunction to clarify its scope.”
According to the court, the complaint fails to present a basis for a finding of misconduct. Moreover, the 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, and committed fraud and misconduct. Lastly, the court reminded that District Judges have the inherent power to transfer cases from one to another for the expeditious administration of Justice. Thus, the complaint must be dismissed.
A copy of the original filing can be found here.
