Judicial Misconduct Complaint Dismissal

FOR PUBLICATION

JUDICIAL COUNCIL OF THE NINTH CIRCUIT

No. 25-90232 IN RE COMPLAINT OF

ORDER JUDICIAL MISCONDUCT

Filed February 2, 2026

ORDER MURGUIA, Chief Judge:

Complainant, a pro se litigant, has filed a complaint of judicial misconduct against a district judge. Review of this complaint is governed by the Rules for Judicial-Conduct and Judicial-Disability Proceedings (“Judicial-Conduct Rules”), the federal statutes addressing judicial conduct and disability, 28 U.S.C. § 351 et seq., and relevant prior decisions of the Ninth Circuit Judicial Council. In accordance with these authorities, the names of the complainant and the subject judge shall not be disclosed in this order. See Judicial-Conduct Rule 11(g)(2).

2 IN RE COMPLAINT OF JUDICIAL MISCONDUCT

The Judicial Conduct and Disability Act provides a remedy if a federal judge “has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts.” 28 U.S.C. § 351(a). A chief judge may dismiss a complaint if, following review, he or she finds it is not cognizable under the statute, is directly related to the merits of a decision or procedural ruling, or is frivolous or lacks sufficient evidence to raise an inference of misconduct.

See 28 U.S.C. § 352(b)(1)(A)(i)-(iii). Judicial misconduct

proceedings are not a substitute for the normal appellate review process and may not be used to seek reversal of a judge’s decision, to obtain a new trial, or to request reassignment to a different judge. Complainant filed multiple related lawsuits against his former employer between 2005 and 2010, which resulted in a finding that he was a vexatious litigant. Complainant alleges that the district judge “lied” and “falsified facts” when imposing a prefiling order against complainant, limiting his ability to file future lawsuits related to his employment. This allegation is dismissed because it relates directly to the merits of the judge’s decisions. See 28 U.S.C. § 352(b)(1)(A)(ii) (listing reasons the chief judge may decide to dismiss the complaint, including that claims are directly related to the merits of a decision); In re Complaint

of Judicial Misconduct, 838 F.3d 1030 (9th Cir. Jud. Council

1. (dismissing as merits-related allegations that a judge made various improper rulings in a case); Judicial-Conduct Rule 11(c)(1)(B). Further, because complainant provides no objectively verifiable evidence to support his allegation, it is also dismissed as unfounded. See 28 U.S.C. § 352(b)(1)(A)(iii) (listing reasons the chief judge may decide to dismiss the complaint, including claims that are

IN RE COMPLAINT OF JUDICIAL MISCONDUCT 3

lacking sufficient evidence to raise an inference that misconduct has occurred); In re Complaint of Judicial

Misconduct, 569 F.3d 1093 (9th Cir. Jud. Council 2009)

(“claimant’s vague insinuations do not provide the kind of objectively verifiable proof that we require”); Judicial- Conduct Rule 11(c)(1)(D). Finally, the allegation is dismissed because complainant previously made this same allegation against the same judge in Complaint Nos. 25- 90021, 24-90130, and 23-90003. See In re Complaint of

Judicial Misconduct, No. 10-90023 (9th Cir. C.J. Nov. 16,

1. (summarily dismissing a complaint where a complainant previously filed two materially identical complaints against the same judge).

DISMISSED.