In Re Complaint of Judicial Misconduct

FILED

FOR PUBLICATION JAN 05 2009

MOLLY C. DWYER, CLERK

JUDICIAL COUNCIL U .S. C O U R T OF APPE ALS

OF THE NINTH CIRCUIT

IN RE COMPLAINT OF Nos. 07-89142, 07-89144, 08-89012, 08-89030, 08-90029,

JUDICIAL MISCONDUCT 08-90030, 08-90031, 08-90032,

and 08-90033

ORDER

KOZINSKI, Chief Judge:

Five misconduct complaints have been filed against a circuit judge, four

district judges and four magistrate judges. Complainant, a pro se prisoner, filed

several civil rights actions and habeas petitions in district court. The subject

judges were assigned to those matters.

Complainant alleges that the judges made improper substantive and

procedural rulings. These claims relate directly to the merits of the judges’ rulings

and must therefore be dismissed. See 28 U.S.C. § 352(b)(1)(A)(ii); Misconduct

Rule 4(c)(1); Judicial-Conduct Rule 11(c)(1)(B). A misconduct complaint is not a

proper vehicle for challenging the merits of a judge’s rulings. See In re Charge of

Judicial Misconduct, 685 F.2d 1226, 1227 (9th Cir. Jud. Council 1982).

Complainant alleges that the…