Usdc Disbarment - Dkt 8 - Motion To Recuse Judge Wright

1 2 3 4

RICHARD I. FINE c/o Men’s Central Jail Prisoner ID # 1824367 c/o Men’s Central Jail 441 Bauchet Street Los Angeles, CA 90012

5 6 7 8 9

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

10 11 12

Case No. MC-09-00129 ABC

In the Disciplinary Matter of RICHARD ISAAC FINE

RULE 60(b) MOTION TO RECUSE JUDGE WRIGHT FOR FAILURE TO DISCLOSE THAT HE WAS FORMALLY A LOS ANGELES COUNTY SUPERIOR COURT JUDGE WHO TOOK UNCONSTITUTIONAL PAYMENTS FROM L.A. COUNTY

13 14

California State Bar No.: 55259

15 16 17 18 19

28 USC § 455(a)

20 21 22 23 24

Judge Otis D. Wright II must be recused as he is a former Los Angeles

25 26 27

County Superior Court Judge (appointed in March of 2009 to the Federal Bench) and, as such, has received the unconstitutional payments from Los

28

-1

1 2 3 4 5

Angeles County (Sturgeon v. County of Los Angeles, 167 Cal.App.4, 630 (2008), review denied December 23, 2008) and has received retroactive immunity from criminal prosecution, civil liability and disciplinary action under Senate Bill “SBX2 11” enacted February.20, 2009 for having received such.

6

These unconstitutional and criminal payments are the subject of the

7 8 9 10

disbarment proceeding and therefore Judge Wright cannot decide whether Judge Collins should be the judge deciding the disbarment proceedings.

11

As the Court is aware, Judge Collins cannot decide the disbarment

12 13 14 15 16

proceedings because her husband, Tim Collins, is the Dental Director of the Los Angeles County Department of Health Services, and Judge Collins receives a family income from the County of Los Angeles.

17 18

All the reasons set forth in the motion to disqualify Judge Collins are

19 20

incorporated in this motion.

21

Judge Wright must be recused.

22 23 24

///

25 26 27

/// ///

28

-2

PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am Fred Sottile. My mailing address is _________________________. On September ____, 2009, I served the foregoing document described as RULE 60(b) MOTION TO RECUSE JUDGE WRIGHT, 28 USC § 455(a), on interested parties in this action by depositing a true copy thereof, which was enclosed in a sealed envelope, with postage fully prepaid, in the United States Mail, addressed as follows: None: No other parties identified within Order to Show Cause. No other parties identified in court docket on PACER. I certify and declare, under penalty of perjury under the laws of the United States of America and the State of California, that the foregoing is true and correct. Executed on this ____ day of September, 2009, in the city of __________, California. ____________________________________ FRED SOTTILE