On Thursday, January 5, 2023, the Judicial Council of the Fourth Circuit ruled on the petition for review in relation to a judicial complaint, with case number #04-22-90209, against a district judge of the fourth circuit alleging discrimination and bias.
On December 27, 2022, the complainant, a state prisoner, filed the subject petition for review. In his Complaint, the district judge is charged with misconduct by establishing discrimination and demonstrating “bias, prejudice and inappropriateness” in denying the complainant’s motion for the appointment of counsel, dismissal of the petition for a writ of habeas corpus, and certificate of appealability.
According to the Chief Judge, the allegations in the misconduct complaint are directly related to the merits of the subject judge’s rulings in the underlying proceedings, and the complainant may not pursue his disagreement with the subject judge’s rulings by filing a judicial complaint. Moreover, the claims of discrimination, prejudice, and bias lack sufficient evidence to raise an inference that misconduct has occurred.
Correspondingly, the Chief Judge dismissed the complaint. The dismissal of the complaint was pursuant to 28 U.S.C. § 352(b)(1)(A)(ii),(iii), which provides:
After expeditiously reviewing a complaint under subsection the chief judge, by written order stating his or her reasons, may dismiss the complaint if the chief judge finds the complaint to be directly related to the merits of a decision or procedural ruling, or frivolous, lacking sufficient evidence to raise an inference that misconduct has occurred, or containing allegations which are incapable of being established through investigation
Based on the foregoing, the Judicial Council of the Fourth Circuit denied the subject petition for review upon consideration of the judicial complaint, the record materials, the memorandum and order, and the petition.
A copy of the original filing can be found here.
