Spreadbury v. Bitterroot Public Library et al

Filing 129

MOTION for Recusal by Plaintiff Michael E. Spreadbury. Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (APP, )

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Michael E. Spreadbury P.O. Box 416 Hamilton, Mf 59840 Telephone: (406) 363-3877 mspread@hotmail.com Pro Se Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION MICHAEL SPREADBURY Plaintiff )Cause No: 9: ll-cv-II-64-DWM-JCL ) v. ) THIRD REQUEST BITTERROOT PUBLIC LIBRARY, ) MOTION FOR RECUSAL CITY OF HAMILTON, ) US DISTRICT JUDGE LEE ENTERPRISES, INC., ) MALLOY, US BOONE KARLBERG, PC, ) MAGISTRATE LYNCH ) Comes now Spreadbury with prior sworn affidavit, motion, brief in support recusal ofFederal Jurists Donald W. Malloy, Jeremiah C. Lynch in this case. Motion: Spreadbury moves for recusal of US Judge Malloy, for admitted fmancial conflict, Magistrate Lynch recusal for known impartiality, conflict 28 USC s. 455 et. seq .. 3Nl request for recusal Cause 9:2011-CV-1l-61-M-OWM October24,2011 Defense counsel opposes this motion. Briefin Support: Spreadbury served on this honorable court Motion for Recusal May 2, 20 II (TR# 17). An affidavit in support was filed with the motion, containing recusal issues per 28USC§ 455 et. seq. Any Judge ofthe US courts shall disqualify themselves from any proceeding which his partiality might reasonably be questioned Liljeberg v. Health Services Acq. Corp. 486 US at 488 (1988). Spreadbury has matter pending in 9th Circuit Court of Appeals Spreadbury I. US Magistrate Lynch, has conflict of interest where former clinic attendee and law student, Angela Wetzsteon attended a University of Montana law clinic directed by the Honorable Magistrate Lynch. The Angela Wetzsteon issue is a extrajudicial source as US District Judge Malloy sits on the University ofMontana Board of Visitors, paid influence which requires recusal per 28 USC§455 bet. seq. US v. Azhocar 581 F. 2d 735739 (1Jh cir., 1978). Judge Malloy in the aforementioned admitted to membership in the UM law board of Visitors, his likeness is in Exhibit B attached. The bias in this case is so evident when fundamental rights such as peaceful assembly are denied by Malloy, Lynch inter alia Liteky v. US 114 s. Ct. 1147 (1994). Angela Wetzsteon's clinic work within the US District Court Missoula Division did not occur within the course ofthe judicial proceedings, but affects the outcome 2 3m request for recusal Cause 9:2011-CV-1l-61-M-OWM October 24, 2011 with obvious bias Liteky. With a combination of factors in good cause, Spreadbury requests recusal of US Magistrate Judge Lynch as Wetzsteon's clinic director US v. Olander 584 F. 2d 876 (tjh Cir. 1978). With information contained herein, affidavit of Spreadbury within Motionfor Recusal (TR. # 17) May 4,2011 appearance of actual bias allows recusal Preston v. US 923 F. 2d 731 (t:jh Cir. 1991). Recusal ofUS Magistrate Judge Lynch from aforementioned proper 28 USC§ 455 et. seq.; US Judge Malloy recusal is required by 28USC§ 455 bet. seq., paid influence, well established lawful authority cited herein. Certificate of Compliance From LR 7( d)(2)(E) US District Court Rules Montana, I certify that this brief conforms with 14 point font, New Times Roman typeface, is double spaced, contains 382 words excluding title page, this compliance. rt( Q-ktv1L Respectfully submitted this h-day of~.tay, 2011 n. BY: --~--~~~----~'---------------Michael E. Spreadbury, Pro Se Plaintiff Exhibit A: Second request for recusal US Magistrate Lynch (3 pg). Exhibit B: Picture of University ofMontana Board of Visitors, Judge Malloy

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