UNITED STATES COURT OF APPEALS: SECOND CIRCUIT

Julian Heicklen
Petitioner
Circuit Court Case #
08 4931-op
v.
District Court Case #
08 CIV. 2457 (JGK)
Judge John G. Koeltl
United States District Court
Southern  District of New York
500 Pearl Street
New York, NY 10007
212 805 0136
Respondent

STATEMENT IN SUPPORT OF COMPLAINT OF JUDICIAL MISCONDUCT

_____________________
Julian Heicklen, Petitioner
Counsel, Pro Se
734 Rutland Avenue
Teaneck, NJ 07666
Telephone: 814-880-9308

________________
Date
TABLE OF CONTENTS

A. OFFENSES OF JUDGE.................................................................................................................................................................3

B. CHARGES......................................................................................................................................................................................3

C. REMEDIES SOUGHT...................................................................................................................................................................4

D. SUPPORTING DOCUMENTS.....................................................................................................................................................4

E. AFFIDAVIT  OF  PLAINTIFF.....................................................................................................................................................5

A. OFFENSES OF JUDGE

1. Petitioner accuses Judge Koeltl of obstruction of justice, because he violated his oath of office (28 U.S.C. #453) by doing the following (see supporting document 6.a):

a. refused to order Defendants to provide the identities of the John Doe Defendants. Three times Plaintiff submitted interrogatories to the Defense to produce the names of the John Doe police officers shown in the video introduced as evidence. All three requests were ignored. Three times Plaintiff moved that the Court order Defendants to comply. The first motion was denied. The second and third motions were ignored.
b. applied the rules of Court differently to the Plaintiff and Defendants.
c. failed to render judgment against Defendant Toala, who did not respond to the summons in a timely fashion.
d. accepted documents from the Defense which were not prepared in accordance with the rules of the Court.
e. ordered Plaintiff to produce information which does not exist.
f. delayed the progress of the trial by considering ridiculous claims of the Defendants.
g. Defendants Kelly and Toala were served on March 2, 2009. Many informations and Memoranda of Law have been transmitted, but this case has not moved one inch forward from March 2, 2009.

2. Disciplinary action is authorized by RULES FOR JUDICIAL-CONDUCT AND JUDICIAL-DISABILITY PROCEEDINGS, Article II. Initiation of a Complaint, #5-7.

B. CHARGES

3. Judge Koeltl is charged with:

a. obstruction of justice.
b. failure to apply Court rules impartially.
c. delaying proceedings for no justifiable reasons.
d. ordering Plaintiff to supply information that does not exist.
e. Conspiracy against rights in violation of 18 U.S.C. Ch. 13 #241 and #242

C. REMEDIES SOUGHT

4. Recusal of Judge Koeltl from trying this case.
5. Appointment of another Judge to continue the trial.

D. SUPPORTING DOCUMENTS

6. Supporting documents enclosed are:

a. MEMORANDUM OF LAW IN SUPPORT OF CONTEMPT PROCEEDINGS AGAINST COUNSELS FOR DEFENSE MICHAEL A. CARDOZO AND MAX MCCANN
b. MEMORANDUM OF LAW: MISUSE OF COURT RULES

E. AFFIDAVIT OF PLAINTIFF

I, Julian Heicklen, Plaintiff and Counsel Pro Se in U. S, District Court of the Southern District of New York Case #08 CV 02457 (JGK), in accordance with Local Civil Rule 56 (e)(2), do affirm, under penalty of perjury, that all information and allegations in this document entitled:

COMPLAINT OF JUDICIAL MISCONDUCT OR DISABILITY

are true and correct to the best of my knowledge.

______________________
Julian Heicklen
Petitioner
Counsel Pro Se

____________________
Date


Judicial Council of the U. S. Court of Appeals for the Second Circuit

COMPLAINT OF JUDICIAL MISCONDUCT OR DISABILITY


Page 1 of 2 To begin the complaint process, complete this form and prepare the brief statement of facts described in item 5 (below). The RULES FOR JUDICIAL-CONDUCT AND JUDICIAL-DISABILITY PROCEEDINGS, adopted by the Judicial Conference of the United States, contain information on  what to include in a complaint (Rule 6), where to file a complaint (Rule 7), and other important matters.  The rules are available in federal court clerks' offices, on individual federal courts' Web sites, and on www.uscourts.gov.

Your complaint (this form and the statement of facts) should be typewritten and must be legible. For the number of copies to file, consult the local rules or clerk's office of the court in which your complaint is required to be filed. Enclose each copy of the complaint in an envelope marked "COMPLAINT OF MISCONDUCT" or "COMPLAINT OF DISABILITY" and submit it to the appropriate clerk of court. Do not put the name of any judge on the envelope.

1. Name of Complainant: Julian Heicklen
Contact Address: 734 Rutland Avenue, Teaneck, NJ 07666
Daytime Telephone: 814 880 9308

2. Name(s) of Judge(s): John G. Koeltl
Court: U. S. District Court for the Southern District of New York

3. Does this complaint concern the behavior of the judge(s) in a particular lawsuit or lawsuits?
[ X ] Yes [ ] No

If "yes," give the following information about each lawsuit:
Court: U. S. District Court for the Southern District of New York
District Court Case #08 CIV. 2457 (JGK)
Docket number of any appeal to the Second Circuit: # 08-4931-op
Are (were) you a party or lawyer in the lawsuit?
[ X ] Party [ ] Lawyer [ ] Neither
If you are (were) a party and have (had) a lawyer, give the lawyer's name, address, and telephone number: Counsel Pro Se

4. Have you filed any lawsuits against the judge?
[ ] Yes [X] No
If "yes," give the following information about each such lawsuit:
Court:
Case Number:
Present status of lawsuit:
Name, address, and telephone number of your lawyer for the law suit against the judge
Court to which any appeal has been taken in the lawsuit against the judge:
Present status of the appeal:

5. Brief Statement of Facts. Attach a brief statement of the specific facts on which the claim of judicial misconduct or disability is based.  Include what happened, when and where it happened, and any information that would help an investigator check the facts. If the complaint alleges judicial disability, also include any additional facts that form the basis of that allegation.

See attached statement

6. Declaration and signature: I declare under penalty of perjury that the statements made in this complaint are true and correct to the best of my knowledge.

(Signature)__________________________________ (Date)__________________