691 F2d 923 In Re Charge of Judicial Misconduct

691 F.2d 923

In re CHARGE OF JUDICIAL MISCONDUCT.

No. 82-8114.

United States Court of Appeals,
Ninth Circuit.

Oct. 29, 1982.

ORDER

Before EUGENE A. WRIGHT, Circuit Judge.

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1

A complaint alleging misconduct was filed on October 18, 1982, against three circuit judges of this circuit, pursuant to the Ninth Circuit Procedures for Processing Complaints of Judicial Misconduct, 28 U.S.C. § 372(c)(1). Under § 372(c)(2), the complaint has been referred to me as the next senior circuit judge in regular active service.

2

Two circuit judges entered an order on August 27, 1982 in an action in which this complainant was the petitioner. The order read:

3

Petitioner's letter, dated June 20, 1982, is construed as a motion for reconsideration of the order of August 14, 1981, denying petitioner's requests for certificates of probable cause. The motion is denied.

4

Petitioner's motion to refer his requests to Judge Browning is denied.

5

The complaint evidences only a legal disagreement with the judges' decision in the matter. It is dismissed as inappropriate under the Procedures because it directly relates to the merits of a decision or procedural ruling of the judges. In re Charge of Judicial Misconduct, 613 F.2d 768, 769 (9th Cir. 1980).

6

The complaint alleging judicial misconduct is dismissed.