Spreadbury v. Bitterroot Public Library et al

Filing 48

MOTION for Recusal by Plaintiff Michael E. Spreadbury. Motions referred to Jeremiah C. Lynch. (Attachments: # 1 Exhibit A) (APP, )

Michael E. Spreadbury

FILED

P.O. Box 416

MAY 2 6 2011
PATRICK E. DUFFY, CLERK

Hamilton, MT 59840

By

,

DEPUTY Ct£RK, MISSOULA

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: l1-cv-11-61-DWM-JCL
)

v.

)

BITTERROOT PUBLIC LIBRARY,

)

MOTION FOR REC:USAL

CITY OF HAMILTON,

)

OF MAGISTRATE JUDGE

LEE ENTERPRISES, INC.,

)

JEREMIAH C. LYNCH

BOONE KARLBERG, PC,

)

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

Comes now Spreadbury with motion, brief in support ofrecusal 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 of impartiality.

Motion, Brief in Support to Remand State Claims

Cause 9:2011-CV-11-61-M-OWM

May 14, 2011

Defense counsel opposes this motion.

Brief in Support:

Spreadbury 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 of the 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).
Spreadbury has matter pending in 9th Circuit Court of Appeals 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 (9th Cir. 1996)for chilling established right.
Spreadbury has not consented to Magistrate Judge Lynch signed May 16, 2011 and
served upon the Clerk of Court, US District Missoula Division and attached as
ExhibitA.

2

Motion, Brief in Support to Remand State Claims

cause 9:2011-CV-11-61-M-DWM

May 14, 2011

With a combination of factors in good cause, Spreadbury requests recusal of US
th

Magistrate Judge Lynch US v. Olander 584 F. 2d 876 (9 Cir. 1978). With
information contained herein, affidavit of Spreadbury within Motion for Recusal
(TR. # 17) May 4, 2011 appearance of actual bias allows recusal Preston v. US 923
F. 2d 731 (9 th Cir. 1991). Recusal ofUS 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 exc1udingtitle page, this compliance.

Respectfully submitted this

BY:._ _ _ _ _ _ _ _J -_ _

~

2~y of May, 2011

____

~~

_ _- - - - - - - -_ __

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

3

Certificate of Service
Cause No. CV-11-0064-DWM
I certify as Plaintiff in this action, a copy of the below named motion was served
upon the US District Court Missoula Division and all opposing counsel for parties
in this above named cause of action by first class mail. The following addresses
were used for service:

Motion for Recusal ofMagistrate Judge Lynch
Russell Smith Federal Courthouse
Clerk of Court
200 E. Broadway
Missoula, MT 59803

Defendant Counsel:

Plaintiff Counsel:

William L. Crowley

Michael E. Spreadbury

Boone Karlberg PC

POBox 416

PO Box 9199

Hamilton, MT 59840

Missoula MT 59807

(self-represented)

Jeffrey B Smith
Garlington, Lohn, & Robbinson PLLP
POBox 7909
Missoula MT 59807

,/~;.(

Dated _ _ _5/~/11 _ _ __

Michael E. Spreadbury, Pro Se Plaintiff