In Re Judicial Misconduct
Opinion
Opinion
FOR PUBLICATION
JUDICIAL COUNCIL
OF THE NINTH CIRCUIT
IN RE COMPLAINT OF JUDICIAL No. 07-89012
MISCONDUCT
ORDER
Filed May 14, 2008
ORDER
KOZINSKI, Chief Judge:
A complaint of misconduct has been filed against a district judge and a magistrate judge of this circuit. Complainant, an attorney, makes allegations related to two proceedings: a civil case and an order suspending him from practicing law before the district court.
1. The civil case
Complainant was the plaintiff in a civil case assigned to the subject district judge and referred to the subject magistrate judge. He alleges numerous instances of misconduct: both judges’ discovery rulings, both judges’ decisions to continue with the case after complainant filed a notice of appeal, and the district judge’s decision to sanction complainant’s failure to appear at a scheduled pre-trial conference. These charges are directly related to the merits of the judges’ rulings in the underlying case, so they are dismissed. 28 U.S.C. § 352(b)(1)(A)(ii); Rule 4(c)(1) of the Rules of the Judicial Council of the Ninth Circuit Governing Complaints of Judi- cial Misconduct or Disability (Misconduct…