On Wednesday, March 15, 2023, the Judicial Council for the Fifth Circuit dismissed a complaint filed against an unnamed Magistrate Judge.

The case is entitled “In the matter of an Unnamed Magistrate Judge,” with case no. 05-22-90127.

The complainant, in this case, is a state prisoner alleging that the respondent demonstrated bias in a pending proceeding by granting the defendant’s motion for leave to file a motion for summary judgment out of time. Moreover, it was alleged that the respondent also demonstrated further bias by granting the defendant’s motion for summary judgment and by doing so without first holding a hearing regarding the complainant’s claims that the defendants had failed to provide full discovery relevant to the motion.

The complainant also charged the respondent for stating that neither party filed any motion concerning the need for additional discovery after the complainant presented an overwhelming amount of evidence of wrongdoing but a crime as well that the defendant’s due process to courts is being violated. Lastly, the judicial complaint charged the respondent with misconduct for rejecting the complainant’s pro se motions regarding relevant issues.

According to the court, allegations that relate directly to the merits of decisions or procedural rulings are subject to dismissal. Moreover, the court emphasized that any assertions of bias appear entirely derivative of the merits-related charges, but to the extent, the allegations are separate, are wholly unsupported, and are therefore subject to dismissal as it lacks sufficient evidence to raise an inference that any misconduct has occurred.

The court warned the complainant because this is his/her third merits-related and conclusory complaint against the magistrate judge and his second complaint regarding the same proceeding. The court reminded the complainant that if he/she should file a further merits-related, conclusory, frivolous, or repetitive complaint, his right to file complaints may be suspended.

The Disposition states:

“An order dismissing the complaint is entered simultaneously herewith.”

A copy of the original filing can be found here.