On Wednesday, February 8, 2023, the United States Court of Appeals for the Fourth Circuit through a memorandum and order dismissed a judicial complaint filed against an Unnamed Magistrate Judge.

The case is entitled “In the Matter of an Unnamed Magistrate Judge,” with case no. 04-23-90012.

The complainant has filed a judicial complaint against a magistrate judge under the Judicial Conduct and Disability Act. This act serves as an administrative remedy for judicial conduct that is prejudicial to the effective and expeditious administration of the business of the courts and for judicial inability to discharge all the duties of office by reason of mental or physical disability.

The court reminded that to commence a judicial complaint, a written complaint containing a brief statement of the facts constituting such conduct must be filed. Rules for judicial conduct and judicial-disability proceedings mandate that a complaint must contain a concise statement that details the specific facts on which the claim of misconduct or disability is based.

However, in the present case, the complainant does not raise any allegations in his judicial complaint or in the attachments to his complaint that could be construed as claims of judicial misconduct or disability against the respondent.

Based on these reasons, the U.S. Court of Appeals for the Fourth Circuit decided to dismiss the judicial complaint.

The Disposition states:

“Accordingly, this judicial complaint is dismissed FILED: February 8, 2023, pursuant to 28 U.S.C. § 352(b)(1)(A)(i) for failure to allege any misconduct or disability as required by § 351(a).”

A copy of the original filing can be found here.