Spreadbury v. Bitterroot Public Library et al

Filing 161

MOTION for Leave to File, by Plaintiff Michael E. Spreadbury. Motions referred to Jeremiah C. Lynch. (APP, )

Michael E. Spreadbury

FJLED

700 S. 4th Street

NOV 16 2011

Hamilton, MT 59840

CLERK, u.s. DISTRICT COURT
DISTRICT OF MONTANA
MISSOULA

Telephone: [phone]
[e-mail]
Pro Se Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

) Cause No: CV-11-64-DWM-JCL

MICHAEL E. SPREADBURY

)

Plaintiff

v.

)

BITTERROOT PUBLIC LIBRARY,

)

LEAVE FILE

CITY OF HAMILTON,

)

MOTION, BRIEF IN

LEE ENTERPRISES, INC.,

)

SUPPORT FOR RECUSAL

BOONE KARLBERG, PC,

)

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

Comes now Plaintiff with leave file to move court for removal of US Judges for
conflict, paid conflict of interest in the aforementioned.
Motion:
Plaintiff moves US Judges remove themselves due to conflict 28 USC§455 et. seq.

1

Leave File Recusal

Cause 9: 11-CV-11-64-0WM-JCL

November 14, 2011

Brief in Support
Plaintiff, in accordance with local Rule 7.3 requests leave for motion for recusal of
Jurists Lynch, Malloy in this US District Court; new information that has arisen in
the aforementioned. Judicial notice of a Transcript of the Wetzsteon case DV.. 10­
222 Montana 21 st Judicial district was brought into case by Defendant Lee in TR. #
124 Exhibit D; Lee falsely attributed Spreadbury's speech at the August 6, 2010
argument before Montana District Judge Larson in an August 9,2010 Lee
Enterprise article published by Defendant Ravalli Republic. Defendant Lee
publishes in the article that Spreadbury believed Angela Wetzsteon was supervised
as a Montana law student August 8, 2007 as affidavit ofpresiding Judge Bailey
reported Wetzsteon without supervision, Spreadbury clear in argument.
Law Student Wetzsteon, 2008 graduate of Montana Law attended a clinic directed
by US Magistrate Judge Lynch in the Missoula Division of the US District Court.
Article III Judge Malloy is admittedly on the University of Montana Board of
Visitors (and is pictured in a University of Montana Board of Visitor photograph).
US Judge Malloy is paid for expenses for travel, lodging, and meals in State
Service per Montana Code Ann. MCA§ 2-18-501.
As Spreadbury has cause of action pending in the 9 th Circuit ofAppeals with
Wetzsteon as Defendant, this cause of action with Angela Wetzsteon as a

2

Leave File Recusal

November 14, 2011

Cause 9: ll-CV-11-64-0WM-JCL

extrajudicial source and paid conflict with the Montana Law School for US District
Judge Malloy requires recusal US v. Azhocar 581 F. 2d 735 739 (ifh eir., 1978).
US Magistrate Lynch as clinic director ofAngela Wetzsteon shall disqualify
himself as impartiality is called into question, especially the September 14, 2011
oral argument for fmancial sanctions against an IFP before his court Liljeberg v.

Health Services Acq. 486 US at 488 (1988). The appearance of actual bias e.g. non
finding of Spreadbury fundamental right to peaceful assembly in public park at
Bitterroot Public Library August 20, 2009 requires recusal of US Judges in the
aforementioned Hague v. CIO 307 US 496 (1939), Preston v. US 923 F. 2d 731

(9 th eir., 1991).
Spreadbury cites controlling authority, Federal statutes for recusal and demands
court use lawful controlling authority in order denying or in favor of this motion.
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 405 words excluding title page, this compliance.

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day of geptember, 2011

--~~+-~--~~-------------------

Michael E. Spreadbury, Self Represented Plaintiff
3