FOR PUBLICATION

JUDICIAL COUNCIL

OF THE NINTH CIRCUIT

IN RE COMPLAINT OF JUDICIAL  Nos. 08-90038,

MISCONDUCT 08-90050,

 08-90051, 08-90054 and 08-90135

 ORDER

Filed June 16, 2009

Before: David R. Thompson, Sidney R. Thomas, Susan P. Graber, M. Margaret McKeown, and Johnnie B. Rawlinson, Circuit Judges, Audrey B. Collins, Irma E. Gonzalez, Robert S. Lasnik, and Robert H. Whaley, Chief District Judges, and Terry J. Hatter, Senior District Judge.

ORDER

On April 1, 2009, the Chief Judge entered an order that required complainant to show cause why he should not be sanctioned for his abuse of the misconduct complaint proce- dure. Complainant filed a response that does not respond suf- ficiently to the order to show cause.

We have carefully reviewed the record. Complainant has filed at least ten misconduct complaints over the last five years, all but one of which have been dismissed because com- plainant’s allegations were conclusory and/or related to the merits of the subject judges’ rulings. Pursuant to Rule 10(a) of the Rules for Judicial-Conduct and Judicial-Disability Pro- ceedings, we conclude that complainant’s right to file further

7175 7176 IN RE COMPLAINT OF JUDICIAL MISCONDUCT misconduct complaints should be restricted. We direct the Clerk to enter the following pre-filing review order:

Pre-Filing Review Order

(1) This pre-filing review order shall apply to all miscon- duct complaints or petitions for review filed by complainant.

(2) Any future misconduct complaint or petition for review filed by complainant shall comply with the requirements of the Rules for Judicial-Conduct and Judicial-Disability Pro- ceedings, and shall contain the sentence “THIS COM-

PLAINT/PETITION IS FILED SUBJECT TO PRE-FILING

REVIEW ORDER Nos. 08-90038, 08-90050, 08-90051, 08- 90054 and 08-90135” in capital letters in the caption of the complaint or petition.

(3) If complainant submits a misconduct complaint or peti- tion for review in compliance with this order, the Clerk shall lodge the complaint or petition and accompanying documents. The Clerk shall not file the complaint or petition until com- plainant’s submission is reviewed and a determination is made as to whether it merits further review and should be filed.

(4) This pre-filing review order shall remain in effect until further order of the Judicial Council. Complainant may, no earlier than June 1, 2011, petition the Judicial Council to lift this pre-filing review order, setting forth the reasons why the order should be lifted.

Complainant’s failure to comply with this order shall result in any new misconduct complaints or petitions for review being dismissed or not being filed and other sanctions being levied as the Judicial Council may deem appropriate.

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