Friday, January 9, 2009

Judicial Complaint Dismissed on Technicality

(For clarity, please read this posting ninth.)
Postings list is to the right on this page.

On December 23, 2008, clerk of the Eleventh Circuit U. S. Court of Appeals sent the following letter to Dr. Bradford G. Brown:
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United States Court of Appeals
Eleventh Circuit
56 Forsyth Street, N.W.
Atlanta, Georgia 30303
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Thomas K. Kahn, Clerk
In Replying Give Number Of Case and Names of Parties
December 23, 2008
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CONFIDENTIAL
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Bradford G. Brown
ID# 91022-020
FPC Maxwell AFB
Montgomery, AL 36112
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RE: Judicial Complaint No. 110890117
IN THE MATTER OF: Bradford G. Brown
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Dear Mr. Brown
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Enclosed is an order of Chief Circuit Judge J. L. Edmondson that has been received and filed in this office which is effective as the date filed. This determines the complaint of judicial misconduct or disability earlier filed by you pursuant to Title 28 U.S.C., Sections 351 et seq. 364, the Rules for Judicial-Conduct and Judicial-Disability of the United States Judicial Conference, and Addendum III of the Rules of the Judicial Council of the Eleventh Circuit.
Sincerely,
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THOMAS K. KAHN, Clerk
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Reply To: Ed McElhenney (404) 335-6577
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Encl.
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c:
Hon. Clay D. Land
Clerk's Secure File
________________________________________
________________________________________
CONFIDENTIAL
BEFORE THE CHIEF JUDGE
OF THE ELEVENTH JUDICIAL CIRCUIT
Judicial Complaint No. 110890117
IN THE MATTER OF A COMPLAINT FILED BY BRADFORD G. BROWN
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_________________________________________________
IN RE: The complaint of Bradford G. Brown, against, Clay D. Land,
United States District Judge for the United States District Court
for the Middle District of Georgia, under Chapter 16 of Title 28 U.S.C.,
Section 352(b)(1)(A)
_________________________________________________
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ORDER
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Mr. Bradford G. Brown filed this complaint against U. S. District Judge Clay D. Land, pursuant to Chapter 16 of Title 28 U. S. C., Section 352(b)(1)(A).
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Mr. Brown complains that Judge Land improperly acted as prosecutor when he issued a Notice of Final Hearing on Final Probation Revocation without a request from either party. Mr. Brown also alleges that Judge Land refused to rule on an exonerative motion [DE-168], even though the record clearly reveals that Judge Land issued a ruling, unfavorable to Mr. Brown, fifty four days after the motion was filed.
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The allegations of this Complaint are "directly related to the merits of a decision or procedural ruling". Therefore, pursuant to Chapter 16 of Title 28 U.S. C., Section 352(b)(1)(A) this Complaint is DISMISSED.
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/s/ J. L. Edmondson
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Chief Judge

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