On Wednesday, December 7, 2022, the Judicial Council of the Eighth Circuit denied the Petition for Review of an Order dismissing the complaint against an unnamed judge for allegedly treating the complainant in a hostile manner during a proceeding.
The case is entitled “In the matter of John Doe” with case no. 08-21-90036.
A Judicial complaint was filed by an inmate (complainant) against a United States District Judge assigned to his civil rights case.
According to the complainant, the District Judge demonstrated an “Inability to apply a provision of the Telecommunication Act” within the proceedings. Moreover, the District Judge had treated him in a hostile manner by labeling him as a “Flat-rate” and an incarcerated citizen within the state, which draws hostile attention towards the latter within a prison setting.
On May 9, 2022, Chief Judge Lavenski of the United States Court of Appeals for the Eight Circuit dismissed the complaint to lack of sufficient evidence to raise an inference that the misconduct of the District Judge had occurred.
In opposition to the dismissal, the complainant filed a Petition for Review hence this Order. However, the Review Panel denied the said petition by agreeing on the same grounds as stated by the Chief Judge.
A copy of the original filing can be found here.
