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, )

Michael E. Spreadbury
P.O. Box 416
Hamilton, MT 59840
Telephone: [phone]
[e-mail]
Pro Se Plaintiff
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

MICHAEL SPREADBURY
Plaintiff

)Cause No: 9: ll-cv-11-61-DWM-JCL
)

v.

)

BIITERROOT PUBLIC LIBRARY,

)

MOTION FOR RECUSAL

CITY OF HAMILTON,

)

OF MAGISTRATE JUDGE

LEE ENTERPRISES, INC.,

)

JEREMIAH C. LYNCH

BOONE KARLBERG, PC,

)

------------------------)

Comes now Spreadbury with motion, brief in support of recusal of Magistrate
Judge Jeremiah C. Lynch from the aforementioned.
Motion:
Spreadbury moves Honorable Magistrate Judge Jeremiah C. Lynch, for good cause
herein offer recusal from this case due to firm doubt ofimpartiaIity.

A-Z.

Motion, Brief in Support to Remand State Claims Cause 9:2011-<:V-1l-61-M-OWM

May 14, 2011

Defense counsel opposes this motion.
Brief in Support:
Spreadbwy served on this honorable court Motion for Recusal May 2,2011 (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 SU at 488 (1988).
th

Spreadbwy has matter pending in 9 Circuit Court ofAppeals where Magistrate
Lynch screened a complaint twice for 28 USC§ 1915, misrepresented the Montana
Recall Act MCA§ 2-16-00 in an attempt to "chill" a fundamental right, cited a
lawful authority which was overturned in a Findings and Recommendations
authored by US Magistrate Lynch, and failed to offer recusal as conflict of interest
arose where former clinic attendee and law student, Angela Wetzsteon attended a
University of Montana law clinic directed by the Honorable Magistrate Lynch
O'Keefe v. Van Boening 82 F. 3d 322 (9 111 Cir. 1996)for chilling established right.
Spreadbwy has not consented to Magistrate Judge Lynch signed May 16, 2011 and
served upon the Clerk ofCourt, US District Missoula Division and attached as
ExhibitA.

2

Motion, Brief in SUpport to Remand State Claims Cause 9:2011-CV-ll.-61-M-DWM

May 14, 2011

With a combination offactors in good cause, Spreadbury requests recusal of US
Magistrate Judge Lynch US v. Olander 584 F. 2d 876 (flh Cir. 1978). With
information contained herein, affidavit of Spreadbury within Motionfor Recusal

(fR. # 17) May 4, 2011 appearance of actual bias allows recusal Preston v. US 923
F. 2d 731 (jjh Cir. 1991). Recusal of US Magistrate Judge Lynch from
aforementioned proper 28 USC§ 455 et. seq.; 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 272 words excluding title page, this compliance.

Respectfully submitted this

'"

If

day ofMay, 2011

Michael E. Spreadbury, Pro Se Plaintiff

Exhibit A: non-consent to the exercise ofjurisdiction by US Magistrate Lynch.

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