In re COMPLAINT OF JUDICIAL MISCONDUCT

Good Law
550 F.3d 769·2008 WL 5220294·2008 U.S. App. LEXIS 25400
United States Court of Appeals for the Ninth CircuitDecember 10, 2008No. 07-89012California603 words

Opinion

Lead Opinion

ORDER

Pursuant to Chapter III of the Rules of the Judicial Council Governing Complaints of Judicial Misconduct or Disability under 28 U.S.C. § 352 (c), complainant has filed a petition for review of the order of the Chief Judge entered on May 14, 2008, dismissing the complaint against a district judge and a magistrate judge of this circuit. Complainant supplemented the petition with a motion to disqualify Judge Sidney R. Thomas.

We have carefully reviewed the record and the authorities cited by the Chief Judge in his order of dismissal. We conclude there is no basis for overturning the order of dismissal, and affirm the order. The motion to disqualify Judge Thomas is denied.

The Chief Judge additionally issued an Order to Show Cause requiring complainant, an attorney, to explain why sanctions were not warranted for filing an obviously frivolous and abusive complaint. As stated in the Order, complainant, as an attorney, knew or should have known of the standards for stating a viable claim of judicial misconduct, and was also well aware that any court filing must be based on good faith and a proper factual foundation. See Judicial Misconduct Order No. 07-89012, pp. 7-8. The…

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