Spreadbury v. Bitterroot Public Library et al
Filing
17
MOTION for Recusal by Plaintiff Michael E. Spreadbury. (Attachments: # 1 Exhibit A) (ASG, )
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: CV-11-61-M-DWM
)
v.
) The Honorable Donald W. Malloy
BITTERROOT PUBLIC LIBRARY,
) Judge Presiding
CITY OF HAMIL TON,
)
LEE ENTERPRISES, INC.,
)
BOONE KARLBERG, PC,
)
MOTION FOR SUBSTITUTION/ RECUSAL OF JUDGE(S) OF CAUSE
WITH SUPPORTING AFFIDAVIT AND EXHIBIT
Comes now Plaintiff Michael Spreadbury (hereafter "Plaintiff') unrepresented and
indigent with motion for court to grant substitutionlrecusal ofjudges in the
Missoula Division of the US District Court for Montana.
Plaintiff believes he will not receive a fair and impartial hearing of the facts and
trial in the aforementioned from Judge Malloy or Judge Lynch reasons set forth in
Plaintiff Motion for Substitution/recusal of Judge(s) Malloy, lynch
Cause CV-1l-61-M-DWM
the affidavit and exhibit incorporated into this motion in accordance with 28
USCA§ 455 (a)(b) et. seq.
Affidavit in Support of Motion for Substitution/recusal
Judge(s) Malloy, Lynch
Michael E. Spreadbwy being first dully sworn, states the following:
1. I was a former plaintiff in this court, with cause 9: 1O-CV-00049-DVM,
Spreadbury v. Hoffman et. al.
2. Judges Malloy, Lynch presided and oversaw that cause of action.
3. A Defendant, Angela Wetzsteon was a law student and former clinic student
at the Missoula Division of the US District Court for Montana.
4. Ms. Wetzsteon attended the University of Montana Law School in 2007.
5. Honorable Judge Malloy is/was a sitting member of the University of
Montana Law School "Board of Visitors".
6. The Board of Visitors for the law school is a paid position per MCA§ 2-18
501(Persons in State Service).
7. Neither Judge Lynch, clinic director, nor Judge Malloy offered recusal for
conflicts of interest, paid conflict of interest per 28 USC§ 455 et. seq.
8. The cause of action Spreadbury v. Hoffman et. al. is pending in The United
States Court of Appeals for the 9 th Circuit with request for sanctions against
the presiding Judge, Honorable Donald W. Malloy in this court [Exhibit A].
9. The improper non-recusal of Magistrate Judge Lynch is pled in that brief
before the 9th Circuit, served on February 28,2011 on this court.
10. The pending requests before the 9th circuit cast doubt on the impartiality of
Judges Malloy and Magistrate Judge Lynch in this cause of action.
11. Plaintiff has cause to request recusal, transfer, or importing a new Judge to
hear this case before the honorable court.
FURTHER AFFIANT SAITH NOT.
alloy, Lynch
Cause CV-11-61-M-OWM
f\DBURY
Before me, a Notary Public for the State and County aforesaid, appeared
Michael E. Spreadbury who is known to me or who provided photo
identification and executed the affidavit in my presence.
+'_",_L~G_f'_\'_l(_ _ _ Name ofNotary Public
-+-~_~_·_d_~_· ___ Notary Public Signature
_
--+-----..:.1<_\"71.
_ _.......:...)_-_I_C_"_'_d-_O_I_I_ _ _--:my commission expires
Plaintiff respectfully attaches Exhibit A in support ofthis motion, cause No.9: 10
cv-00049-DWM pending before the 9th Circuit pertaining to Judicial recusal, in
accordance with 28 USC§455 et. seq.
Counsel for Lee Enterprises objects to this motion, Counsel for City, Public
Library, Boone Karlberg PC could not be reached for answer.
WHEREFORE, Plaintiff for good cause set forth herein, and in good faith before
this honorable court, supported by lawful authority in the US District Court for the
State of Montana prays this motion will be granted for substitutionlrecusal, or the
importation of a new tribunal for this cause of action. Plaintiff yields to honorable
court for other relief to established conflict with Judges Malloy and Magistrate
Judge Lynch as presented herein~ and due to transfer from state jurisdiction.
J\Q...
Respectfully submitted this
day
Michael E. Spreadbury, Pro Se Plaintiff
Attach: Exhibit A (5 pg.)
ay,2011
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