What is the test for a motion alleging misconduct by a federal judge?
MultiRegion, United States of America
The following excerpt is from Toney v. Gwanthney, Case No.: 3:18-cv-02786-WQH-KSC (S.D. Cal. 2019):
complaint states a plausible claim for relief [is] . . . a context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Id. The "mere possibility of misconduct" falls short of meeting this plausibility standard. Id.; see also Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
What is the test for appealability of a motion for a new trial where a federal judge has granted the motion without hearing the motion? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
What is the test for a federal judge to rule on a motion brought by a federal appointed judge? (Canada (Federal), Canada)
Is a judge or prosecutor immune from a claim for damages from a former federal judge and a current federal prosecutor? (MultiRegion, United States of America)
Can a federal court order the payment of costs and stay a motion by a federal judge? (MultiRegion, United States of America)
What are some cases where the Supreme Court has ruled in favour of a motion requiring that a motion by a federal district judge be heard? (MultiRegion, United States of America)
What is the standard of review for a motion alleging that the federal government breached a plea agreement by filing a section 5K1.1 motion? (MultiRegion, United States of America)
What is the test for deference between a federal judge and a federal district judge in sentencing decisions? (MultiRegion, United States of America)
