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RICHARD I. FINE, In Pro Per Prisoner ID # 1824367 c/o Men’s Central Jail 441 Bauchet Street Los Angeles, CA 90012 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

RICHARD I. FINE, Plaintiff, vs.

Case No. CV-10-0048 JFW (CW) MOTION TO DISQUALIFY JUDGE JOHN F. WALTER AND MAGISTRATE JUDGE CARLA M. WOEHRLE

STATE BAR OF CALIFORNIA; BOARD OF GOVERNORS OF THE 28 U.S.C. § 455(a) STATE BAR OF CALIFORNIA; SCOTT DREXEL, Chief Trial Counsel of the State Bar of California; and THE SUPREME COURT OF CALIFORNIA (only as a necessary party); Defendants.

28 U.S.C. § 455(a) mandates disqualification of Judge John F. Walter and Magistrate Judge Carla M. Woehrle. It states that any justice, judge or magistrate judge of the United States shall disqualify him/herself in any proceeding in which his/her impartiality might reasonably be questioned.

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Judge Walter and Magistrate Judge Woehrle’s impartiality are in question in that they have a history of bias and abject refusal to obey the law and U.S. Supreme Court precedent in cases where Fine was and is a party. Most recently, in case number CV-09-1743 JFW (CW), a writ of habeas corpus case charging Judge Walter and Magistrate Judge Woehrle with violating 28 U.S.C. § 2243, Judge Walter and Magistrate Judge Woehrle refused to disqualify themselves. They “judged their own actions” in violation of the

Supreme Court precedent of In Re Murchison, 349 US 133, 136 (1955), cited in Caperton v. A.T. Massey Coal Co., Inc., 566 U.S. ___ (2009), decided June 8, 2009, Slip Opinion page 10. They denied the writ. In case number CV-09-1914 JFW (CW), Judge Walter and Magistrate Judge Woehrle denied a writ of habeas corpus where a judge had “judged his own actions” in a contempt proceeding. Judge Walter then denied a certificate of appealability. The Ninth Circuit overturned him and granted the certificate. In case three, CV-08-2906 JFW (CW), Judge Walter and Magistrate Judge Woehrle denied Fine’s unopposed motion to set aside a judgment to abstain from hearing a case where, due to their nearly ten-month delay in deciding a motion to dismiss, a state court proceeding was over and abstention was moot. The underlying facts in all of the above cases involved criminal payments from LA County to LA Superior Court judges and the resultant actions by the LA

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Superior Court judges and LA County to injure Fine, who had exposed and challenged such illegal and criminal payments. The instant case shows the fraud of the State Bar upon the Court in seeking and obtaining the disbarment of Fine. This fraud was accomplished in collusion with LA Superior Court judges who received criminal payments from LA County. It was accomplished through the assistance of a State Bar president who represented LA County and a developer who was a co-defendant with LA County in cases against Fine’s clients, and a State Bar public member who was involved in two cases against Fine’s clients. These members of the State Bar Board of Governors had a personal interest in removing Fine from cases and matters in which they and their law firms were personally involved. The history of bias and outright refusal to obey the law and Supreme Court precedent by Judge Walter and Magistrate Judge Woehrle mandates their disqualification. Further, Article 3, Section 1, of the United States Constitution states that judges shall serve “during good behavior”. Here, the outright violation of the law and binding Supreme Court precedent, combined with the delaying of cases and improper dismissals, also raises the issue of “good behavior” as to Judge Walter and Magistrate Judge Woehrle. disqualification is mandated under 28 U.S.C. § 455(a). At a minimum, their

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Dated this ___ day of February, 2010

Respectfully submitted, BY: ____________________________ RICHARD I. FINE, In Pro Per

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PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am Fred Sottile. My address is 2601 E. Victoria Street, # 108, Rancho Dominguez, CA 90220. On February ___, 2010, I served the foregoing document described as MOTION TO DISQUALIFY JUDGE JOHN F. WALTER AND

MAGISTRATE JUDGE CARLA M. WOEHRLE 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:
Office of the General Counsel State Bar of California 180 Howard Street San Francisco, CA 94105 Scott Drexel 1325 Howard Ave #151 Burlingame, CA 94010

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 February, 2010, at Rancho Dominguez, California. ____________________________________ FRED SOTTILE

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