Gnited States Court of Appeals
for the Federal Circuit

IN RE COMPLAINT NOS. FC-21-90006, FC-21-90007,

FC-21-90008, FC-21-90009, FC-21-90010, FC-21-90011,

FC-21-90012, FC-21-90013, FC-21-90014, FC-21-90015,
FC-21-90016, AND FC-21-90017

Before Prost, Chief Judge.
ORDER AND SUPPORTING MEMORANDUM

The complainant appealed an adverse decision from
the Merit Systems Protection Board to this court. A panel
of two active judges and one senior judge of this court
affirmed that decision. The complainant then petitioned
for en banc rehearing, which was denied by eleven partic-
ipating active judges. Unhappy with those results, the
complainant now brings a judicial misconduct complaint
against all twelve judges involved in those rulings.”

Because I am one of judges named in this complaint, I
would ordinarily recuse from ruling on the matter. How-
ever, where, as here, all regular active circuit judges are
disqualified, the court “may determine whether to request
a transfer [to another circuit] under Rule 26, or, in the
interest of sound judicial administration, to permit the

To the extent the complainant asserts wrongdoing
by other individuals not covered by the Rules for Judicial-
Conduct and Judicial-Disability Proceedings, the court
does not accept any complaint against those individuals.
See Rule 8(d) (providing that the court may only accept a
complaint against a person covered by the rules).

FILED

U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT

NAR 05 2021

PETER R. MARKSTEINER
CLERIC


IN RE COMPLAINT NOS. FC-21-90006, -90007, -90008, -90009, 2
-90010, -90011, -90012, -90013, -90014, -90015, -90016,
-90017

chief judge to dispose of the complaint on the merits.”
Rule 25(f). Pursuant to that rule, the court directed me to
decide the merits of these complaints.

The complainant here alleges that the twelve subject
judges are “guilty of conspiracy . . . to cover up the fact
that judges below them were in the absence of complete
jurisdiction to issu[e] any order due to the [fact] this
concerns a mixfed] case.” These claims clearly relate
directly to the merits of the judges’ rulings and must
therefore be dismissed. See Rule 11(c)(1)(B).

The complainant also alleges that the judges are
“guilty of conspiracy with other courts to deny an Ameri-
can the protections of the Constitution and stare decisis
fand] the Rule of Law.” To the extent that he alleges
anything beyond a claim relating to the merits of the prior
rulings, the allegations lack sufficient evidence to raise an
inference of misconduct, as adverse rulings alone do not
constitute proof of a conspiracy. Thus, these charges
must also be dismissed. See Rule 11(c)(1)().

Accordingly,
It Is ORDERED THAT:

The complaints are dismissed.

March 5, 2021 /s/ Sharon Prost
Date Sharon Prost
Chief Judge

There is a right to file a petition for review of this or-
der. Pursuant to Rule 18(b) of the Rules for Judicial-
Conduct and Judicial-Disability Proceedings, any petition
for review must be received by the circuit executive within


3 IN RE COMPLAINT NOS. FC-21-90006, -90007, -90008, -90009,
-90010, -90011, -90012, -90013, -90014, -90015, -90016,
-90017

42 days of the date of this order. Any petition must be
sent to:

Circuit Executive
United States Court of Appeals for the Federal Circuit
717 Madison Place, NW
Washington, DC 20439