Q: Cana district court dismiss a case with prejudice after a Pro Se files misconduct of a magistrate judge to Appeals cour?
The case is in TX. The magistrate judge didn’t send the Pro Se the Pro Se guidelines, notice to serve, didn’t provide an attorney when he was far below 125% of poverty line, even till date. The court says it sent notice to Pro Se, but returned to court after 67 days. The Pro Se didn’t get it. But in the meantime, he himself arranged to serve summons issued and served properly. The magistrate judge was removed. It’s a $100m lawsuit. The new magistrate approved miscellaneous relief as Pro Se managed to serve properly by emails and certified mails and a process server to all defendants. Pro Se had filed two more lawsuits against the defendants abroad and in US against its parent company, and failed to get justice as the multinational company bribed attorneys he had hired and had illegally got the lawsuits. The matter is pending before circuit judge after the district court still sticking to their decision. Pro Se has appealed for re-hearing before the case moves to the SC.
A:
Yes. Filing a frivolous "misconduct" claim against a U.S. Magistrate Judge with an appellate court does not stay or delay the proceedings in the district court. The district judge can continue to rule on pending motions, including motions to dismiss, and it is very unlikely that the appellate court would stay proceedings to address any sort of misconduct claims.
It is highly unlikely that a motion for rehearing will be granted unless there has been a new case on point issued by SCOTUS which the circuit court does not address in its Opinion.
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