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Upon receipt of such a report, the judicial council of the circuit involved may conduct any additional investigation it deems necessary, and it may dismiss the complaint. [5] If a judge who is the subject of a complaint holds his or her office during good behavior, action taken by the judicial council may include certifying disability of the judge.
A voluntary dismissal with prejudice (meaning the plaintiff is permanently barred from further litigating the same subject matter) is the modern descendant of the common law procedure known as retraxit. [1] In the United States, voluntary dismissal in Federal court is subject to Rule 41(a) of the Federal Rules of Civil Procedure. Rule 41(a)'s ...
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
N.Y. Crim. Proc. Law § 210.40 grants the defendant (or the prosecutor or the court) the power to apply for relief: . First, it directs the court to find, under the general concept of the "furtherance of justice" stated in its provisions, that the "dismissal is required as a matter of judicial discretion by the existence of some compelling factor, consideration or circumstance clearly ...
He also ordered the dismissal of all pending indictments related to Jan. 6. The sweeping clemency directive is believed to cover over 1,500 defendants. Read More: Some Fear Trump’s Jan. 6 ...
Aug. 25—ANDERSON — The attorney for the Anderson City Council is asking a federal judge to dismiss a lawsuit filed over redistricting. The lawsuit was brought in June by Common Cause Indiana ...
The Judicial Councils Reform and Judicial Conduct and Disability Act of 1980, Pub. L. 96–458, 94 Stat. 2035, also known as the Judicial Conduct and Disability Act of 1980, is a United States federal law concerning misconduct and disability on the part of article III judges.
Under section 1446, on the other hand, there must be federal subject-matter jurisdiction to justify removal. The Supreme Court case BP P.L.C. v. Mayor and City Council of Baltimore (2021) resolved a circuit split on how appellate sources may review challenges to federal-officer removal orders. [13]
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