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October 26, 2011

Circuit Clerk United States Courts For The First Circuit Office Of The Circuit Executive John Joseph Moakley United States Courthouse 1 Courthouse Way Suite 3700 Boston, MA. 02210


Complaints Nos. 01-11-90027/28

Dear Circuit Clerk:

I hereby petition the judicial council for review of my misconduct complaint(s) against Judge David L. Martin and Judge Lincoln D. Almond of the United States District Court For The District Of Rhode Island regarding my appeal No. 11-1332 to the First Circuit. Chief Circuit Judge, Lynch Order Dated October 6, 2011 just validate the reckless actions of Judge David L. Martin and Judge Lincoln D. Almond of the United States District Court For The District Of Rhode Island and Judge Lynch inability to investigate or deliberately using his position to help his colleagues. In Judge Lynch Order, Judge Lynch stated, Judges are necessarily accorded discretion to question litigants, counsel, and others as needed to obtain information relevant to their determinations and to maintain an appropriate courtroom environment. Judge Lynch and Judge David L. Martin

were not there at the hearing, Judge Lynch statement regarding the hearing is bias regarding Judge David L. Martin, Report and Recommendation and Judge Lincoln D. Almond conduct during the hearing. Per the Judicial Conference Of The United States Committee On Judicial Conduct And Disability, Examples of Judicial misconduct include, having improper discussions with parties or counsel for one side in a case; treating litigants or attorneys in a demonstrably egregious and hostile manner. The written transcript doesnt match the recorded transcript. That in itself is Cognizable. As I stated in my Statement of Facts, The Report and Recommendation by Judge David L. Martin is bias. David K. Anderson who is named in my complaint was contacted and spoken with by Judge Martin or someone from the court, David K. Anderson is quoted, What letter, was my name in it? which was from the only meeting management had with me after the complaint by the Quality Assurance Officer regarding his perception of what happen during our lunch break earlier that day. Any interviews conducted by Judge Martin or individuals acting on his or the court behalf with the Appellee employees wasnt administer under oath, so it should be considered hearsay and not be included in his Report and Recommendation. The Tiverton Police Department had police cars cruise my street until one of the officers cruise by a couple of times and finally sees me taking out the trash, pulls over to make some notes. Since then the cruising has stopped. I was speaking with one of my neighbors when we were interrupted by another neighbor. My neighbor walked to the edge of her property to greet him. I overheard him tell her, He has a 25 million dollar lawsuit against Bank of America. This neighbor has friends who are Police Officers in the Tiverton Police Department. I notice a Tiverton Police Car parked in

front of his house and a police officer talking with him for over 40 minutes a few days prior. My case; slay v. Bank of America, N.A., Case Number: 1:10-cv-00408-s LDA was closed on 03/16/2011 without a Jury Trial for a Civil Suit. I have been denied my Constitution right grantee by the Seventh Amendment to the United States Constitution.

Pro se, Roy A. Slay 131 Canonicus Street Tiverton, RI. 02878 Tel: (401) 636-1371

Misconduct Petition