On Friday, July 29, 2022, the Judicial Council for the Fifth District voted to affirm the dismissal of the misconduct complaints, with case numbers #05-22-90081 and #05-22-90082, against a United States District Judge and a United States Magistrate judge.
The complainant, a state prisoner, alleged that the district judge failed to notice that certain findings in the magistrate judge’s Report and Recommendation were erroneous and improper. The complainant also objects that the district judge improperly “acted in the capacity of an unlicensed medical expert” by adopting certain findings in the magistrate judge’s report. The complainant concluded that the judge treated him in a demonstrably egregious and hostile manner “by discriminating against [me] because [I am] a black prisoner.”
Priscilla Richman, Chief United States Circuit Judge, stated that:
“To the extent that the complaint relates directly to the merits of decisions or procedural rulings, it is subject to dismissal under 28 U.S.C. § 352(b)(1)(A)(ii). In other respects, any assertions of bias and discrimination appear entirely derivative of the merits-related charges, but to the extent the allegations are separate, they are wholly unsupported, and are therefore also subject to dismissal under 28 U.S.C. § 352(b)(1)(A)(iii) as “lacking sufficient evidence to raise an inference that misconduct has occurred.”
Finally, the complainant complains about “district court” errors in mailing “so-called-sealed legal documents” to him. Clerk’s office personnel, not judicial officers, are responsible for mailing court documents and the allegation is therefore subject to dismissal as frivolous under 28 U.S.C. § 352(b)(1)(A)(iii).
The complainant filed a petition for review of the final order, but an Appellate Review Panel of the Judicial Council for the Fifth Circuit and all the members denied the petition.
A copy of the original filing can be found here.
