Spreadbury v. Bitterroot Public Library et al

Filing 17

MOTION for Recusal by Plaintiff Michael E. Spreadbury. (Attachments: # 1 Exhibit A) (ASG, )

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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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