In Re Complaint of Judicial Misconduct

FOR PUBLICATION

JUDICIAL COUNCIL

OF THE NINTH CIRCUIT

Nos. 16-90117

IN RE COMPLAINT OF 16-90118

JUDICIAL MISCONDUCT

ORDER

Filed October 3, 2016

ORDER

THOMAS, Chief Judge:

Complainant alleges that a district judge and a magistrate judge made various improper rulings in his civil case. These allegations relate directly the merits of the judges’ rulings and must be dismissed. See 28 U.S.C. § 352(b)(1)(A)(ii); In re Charge of Judicial Misconduct, 685 F.2d 1226, 1227 (9th Cir. Jud. Council 1982); Judicial-Conduct Rule 11(c)(1)(B).

Complainant alleges that the judges committed “Fraud Upon the Court” and favored the defendants. Adverse rulings are not proof of bias or fraud. In re Complaint of Judicial Misconduct, 583 F.3d 598 (9th Cir. Jud. Council 2009). Because complainant has not offered any evidence of misconduct, these charges must be dismissed. See 28 U.S.C. § 352(b)(1)(A)(iii); Judicial-Conduct Rule 11(c)(1)(D). IN RE COMPLAINT OF JUDICIAL MISCONDUCT

Complainant further alleges that, during a settlement conference, the magistrate judge encouraged him to settle the case, and after the conference the judge engaged in “ex parte”…