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: (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-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.
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?