Cunningham v. Becker

96 F.Supp.2d 369

Robert D. CUNNINGHAM, Jr., Plaintiff, v. Edward R. BECKER and The Judicial Council of the Third Judicial Circuit, Defendants.

No. C.A. 99-407-SLR.

United States District Court, D. Delaware.

May 16, 2000.

Robert D. Cunningham, Jr., M.D., plaintiff pro se.

Carl Schnee, United States Attorney, Virginia Gibson-Mason, Assistant United States Attorney, Patricia C. Hannigan, Assistant United States Attorney, United States Attorney's Office, Wilmington, DE, for defendants.

MEMORANDUM OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

Plaintiff Robert D. Cunningham, Jr. filed this action on June 28, 1999 against defendants Edward R. Becker, Chief Judge of the United States Court of Appeals for the Third Circuit, and the Judicial Council of the Third Circuit ("Judicial Council"), alleging violations of his Fifth Amendment due process rights. (D.I.1) Plaintiff's allegations arise out of defendants' actions with respect to two complaints of judicial misconduct filed by plaintiff pursuant to 28 U.S.C. § 372(c)(1). Plaintiff seeks injunctive relief; specifically, he is asking this court to "return" the two complaints to defendant Becker for further evaluation.

Currently before the court is defendants' motion to dismiss the complaint for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6). (D.I.17) For the following reasons, defendants' motion shall be granted.

II. BACKGROUND

Plaintiff filed two complaints of judicial misconduct with the clerk of the Court of Appeals for the Third Circuit. The first of these complaints was filed on September 25, 1998 and asserted five allegations of misconduct on the part of the United States District Court Judge who had handled a civil rights case brought by plaintiff in May 1996.¹ (D.I. 2 at A1-13) Of the five allegations asserted by plaintiff in his complaint, defendant Becker dismissed three of them, two on the grounds that the allegations of misconduct were related to the merits of the District Court Judge's decisions and one on the ground that the allegation was legally frivolous. See In re Complaint of Judicial Misconduct, J.C. No. 98-103 (3d Cir. Jan. 12, 1999). Defendant Becker ordered the District Court Judge to respond to the remaining two allegations. See id. After reviewing the District Court Judge's response, defendant Becker dismissed the remaining two allegations as legally frivolous. See In re Complaint of Judicial Misconduct, J.C. No. 98-103 (3d Cir. Feb. 17, 1999).

On March 1, 1999, plaintiff filed a Petition for Review of defendant Becker's decision. The Judicial Council affirmed defendant Becker's decision on April 19, 1999. See In re Complaint of Judicial Misconduct, J.C. 98-103 (3d Cir. Apr. 19, 1999).

Plaintiff filed his second complaint of judicial misconduct on May 4, 1999. (D.I. 2 at A31-38) In this complaint, plaintiff asserted five allegations of misconduct, which allegations were similar to those raised in his previous filing. (D.I. 2 at A31-38) On May 25, 1999, defendant Becker dismissed plaintiff's complaint on the ground that the allegations were directly related to the merits of the District Court Judge's decisions or procedural rulings. See In re Complaint of Judicial Misconduct, J.C. No. 99-07 (3d Cir. May 25, 1999).

On June 15, 1999, plaintiff filed a Petition for Review of defendant Becker's decision. The Judicial Council affirmed the decision on July 26, 1999. See In re Complaint of Judicial Misconduct, J.C. 99-07 (3d Cir. July 26, 1999).

III. THE COMPLAINT

Plaintiff filed the instant action in June 1999, alleging defendants violated his Fifth Amendment due process rights. In his complaint, plaintiff sets forth five (5) causes of action. First, plaintiff asserts that Rule 2 of the Third Circuit's Rules Governing Complaints of Judicial Misconduct ("Rule 2") "violates intent of procedural due process contained within 28 U.S.C.S. [§] 372(c)."² (D.I. 1 at A78) Specifically, plaintiff contends that the five (5) page length restriction in combination with the disallowance of the attachment of exhibits infringes upon his "due process right to have all allegations considered." (D.I. 1 at 79) Plaintiff avers that the restrictions set forth in Rule 2

do not provide for a mechanism for a complainant to specify what questions need to be addressed; which laws, rules or principles the complainant believes to have been transgressed by the judge complained of; any argument by the plaintiff regarding why he believes that a certain action by a judge should be considered misconduct or an indication of disability; or give the plaintiff any opportunity to suggest further paths of investigation that may uncover additional evidence that may either support or refute the complaint of misconduct.

(D.I. 1 at 79) As a result, plaintiff avers, Rule 2 "impedes the clear presentation of allegations to be addressed, leading to the misidentification of allegations" by the presiding judicial officer. (D.I. 1 at 79-80) Plaintiff asks this court to strike down Rule 2 and "order that J.C. 98-103 be resubmitted, in a format more appropriate for a complaint containing multiple complaints of significant complexity, to the Chief Judge for reconsideration." (D.I. 1 at 80)

In counts³ II through V of his complaint, plaintiff contests defendant Becker's dismissal of the allegations of judicial misconduct. Specifically, plaintiff contends that defendant Becker's dismissal of various allegations on the grounds that they were related to the merits of the District Court Judge's decisions or procedural rulings was vague in that it did not specify which decision or procedural ruling of the District Court Judge was implicated and bore "no relationship or relevance to the allegation being made." (D.I. 1 at 99-106) Plaintiff requests that the court "return [J.C. 99-07] to [defendant] Becker for further evaluation." (D.I. 1 at 99-106)

IV. STANDARD OF REVIEW

In deciding a motion to dismiss under Rule 12(b)(6), a court primarily must consider the allegations contained in the complaint, although matters of public record, orders, items appearing in the record of the case as well as exhibits attached to the complaint may also be taken into account. See Pension Benefit Guar. Corp. v. White Consol. Indus., Inc., 998 F.2d 1192, 1196 (3d Cir.1993). In ruling on a 12(b)(6) motion, the factual allegations of the complaint must be accepted as true. See Cruz v. Beto, 405 U.S. 319, 322, 92 S.Ct. 1079, 31 L.Ed.2d 263 (1972) (per curiam). Moreover, the court is bound to give the plaintiff the benefit of every reasonable inference to be drawn from those allegations. See Retail Clerks Int'l Ass'n v. Schermerhorn, 373 U.S. 746, 83 S.Ct. 1461, 10 L.Ed.2d 678 (1963); Schrob v. Catterson, 948 F.2d 1402, 1405 (3d Cir.1991). Accordingly, the court must resolve any ambiguities concerning the sufficiency of the claims in favor of the plaintiff. See Hughes v. Rowe, 449 U.S. 5, 10, 101 S.Ct. 173, 66 L.Ed.2d 163 (1980) (per curiam). Thus, the "court may dismiss a complaint only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations." Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984); accord Ransom v. Marrazzo, 848 F.2d 398, 401 (3d Cir.1988). Where, as here, the plaintiff is a pro se litigant, the court has an obligation to construe the complaint liberally. See Haines v. Kerner, 404 U.S. 519, 520-521, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972); Gibbs v. Roman, 116 F.3d 83, 86 n. 6 (3d Cir.1997); Urrutia v. Harrisburg County Police Dept., 91 F.3d 451, 456 (3d Cir.1996).

V. DISCUSSION

A. The Statutory Scheme

The allegations of judicial misconduct which form the basis of this complaint were filed pursuant to the Judicial Conduct and Disability Act of 1980 ("the Act"), 28 U.S.C. § 372(c). Section 372(c) permits any person alleging that a district judge, inter alia, "has engaged in conduct prejudicial to the effective and expeditious administration of the business of the courts" to file a written complaint with the chief judge of the circuit court of appeals for the circuit. Id. at § 372(c)(1). Upon review of the complaint,

the chief judge, by written order stating his reasons, may —

(A) dismiss the complaint, if he finds it to be (i) not in conformity with paragraph (1) of this subsection, (ii) directly related to the merits of a decision or procedural ruling, or (iii) frivolous; or (B) conclude the proceedings if he finds that appropriate corrective action has been taken.

Id. at § 372(c)(3). Alternatively, the chief judge may, if such is warranted, initiate an investigation by appointing a special committee. See id. at § 372(c)(4)(A). The special committee, if appointed, "shall conduct an investigation as extensive as it considers necessary, and shall expeditiously file a comprehensive written report thereon with the judicial council of the circuit." Id. at § 372(c)(5). After reviewing the report of the special committee, the judicial council "shall take such action as is appropriate to assure the effective and expeditious administration of the business of the courts within the circuit," including but not limited to censuring or reprimanding the district judge whose conduct has been called into question. Id. at § 372(c)(6)(B).

B. Jurisdiction

As a threshold matter, the court must determine whether it has jurisdiction to review any or all of plaintiff's claims. On its face, the Act's finality clause, 28 U.S.C. § 372(c)(10), "expressly limits the availability of review of orders and determinations made under the Act." Hastings v. Judicial Conference of the United States, 770 F.2d, 1093, 1096 (C.A.D.C.1985) (hereinafter Hastings I). According to this clause, an individual (whether complainant, judge or magistrate) aggrieved by a "final order" of the chief judge entered pursuant to § 372(c)(3) may petition the judicial council of the circuit for review. 28...