8
Home Judges Attorney Info CM/ECF E-Filing Rules Forms Jury Info Clerk's Office Careers Education About Location Contact Website Suggestion? United States Magistrate Judge Gary S. Austin (GSA) United States Magistrate Judge Dennis L. Beck (DLB) United States Magistrate Judge Stanley A. Boone (SAB) United States Magistrate Judge Edmund F. Brennan (EFB) Senior United States District Judge Garland E. Burrell, Jr. (GEB) United States Magistrate Judge Allison Claire (AC) United States Magistrate Judge Carolyn K. Delaney (CKD) Chief United States Magistrate Judge Dale A. Drozd (DAD) Chief United States District Judge Morrison C. England, Jr. (MCE) United States Magistrate Judge Gregory G. Hollows (GGH) United States Magistrate Judge Gregory G. Hollows (GGH) Senior United States District Judge Anthony W. Ishii (AWI) United States Magistrate Judge Craig M. Kellison (CMK) United States Magistrate Judge Barbara A. McAuliffe (BAM) United States District Judge John A. Mendez (JAM) United States District Judge Kimberly J. Mueller (KJM) United States Magistrate Judge Kendall J. Newman (KJN) United States District Judge Troy L. Nunley (TLN) United States Magistrate Judge Sheila K. Oberto (SKO) United States District Judge Lawrence J. O'Neill (LJO) United States Magistrate Judge Michael J. Seng (MJS) Senior United States District Judge William B. Shubb (WBS) United States Recalled Magistrate Judge Sandra M. Snyder (SMS) United States Magistrate Judge Jennifer L. Thurston (JLT) Home » Judges » All Judges » United States Magistrate Judge Gregory G. Hollows (GGH) UNITED STATES RECALLED MAGISTRATE JUDGE GREGORY G. HOLLOWS (GGH) Robert T. Matsui United States Courthouse 501 I Street Sacramento, CA 95814 Courtroom 9, 13th floor Biography JUDGE STAFF Courtroom Deputy Jonathan Anderson [email protected] (916) 930-4072 Electronic Court Reporter Operator Jonathan Anderson [email protected] (916) 930-4072 Click here to Order Transcript Judicial Assistant Donna Dal Porto [email protected] 916-930-4120 CVB INFORMATION Link to Central Violations Bureau (CVB) Collateral Forfeiture (Bail) Schedule CASE MANAGEMENT PROCEDURES Procedures to be followed in Cases Assigned to Hon. Gregory G. Hollows Civil Law and Motion Calendars are held on designated Thursdays at 10:00 a.m. Please contact the courtroom deputy at (916) 930-4152 for available dates. CALENDAR SCHEDULE Motion Type: Civil Day: Designated Thursdays* Time: 10:00 a.m. Courtroom: 9, 13th floor Telephone: (916) 930-4152 *Contact courtroom deputy for available dates. See Local Rules for proper noticing of motions. Judge Hollow's court calendars. Calendars are subject to last minute changes. Please verify last minute changes with the Courtroom Deputy.

Judge Gregory G. Hollows Disqualification Order Prosecutorial Misconduct-Fraud on the Court

Embed Size (px)

DESCRIPTION

Full bench recusal order issued in connection with allegations of fraud on the court, outrageous prosecutorial misconduct, undisclosed conflicts of interest, and judge misconduct in U.S. v. Sierra Pacific Industries. USDC EDCA Judge Hollows is a former federal prosecutor who allegedly conveys a pro-government, pro-law enforcement bias in the adjudication of federal civil rights cases against law enforcement officers, government employees, prison officials, state court judges, and government officials. Judge Hollows reportedly does not disclose conflicts of interest as required by law. Sacramento County Superior Court whistleblowers and court reform advocates assert that Judge Hollows is partly responsible for the cover-up of systemic civil rights violations, honest services fraud, and RICO racketeering by Sacramento Family Law Court judges, judge pro tem attorneys, and court employees against indigent, financially disadvantaged and disabled pro per litigants.

Citation preview

Page 1: Judge Gregory G. Hollows Disqualification Order Prosecutorial Misconduct-Fraud on the Court

Home Judges Attorney Info CM/ECF E-Filing Rules Forms Jury Info Clerk's Office Careers Education

About Location Contact

Website Suggestion?

United States Magistrate Judge Gary S. Austin (GSA)

United States Magistrate Judge Dennis L. Beck (DLB)

United States Magistrate Judge Stanley A. Boone (SAB)

United States Magistrate Judge Edmund F. Brennan (EFB)

Senior United States District Judge Garland E. Burrell, Jr. (GEB)

United States Magistrate Judge Allison Claire (AC)

United States Magistrate Judge Carolyn K. Delaney (CKD)

Chief United States Magistrate Judge Dale A. Drozd (DAD)

Chief United States District Judge Morrison C. England, Jr. (MCE)

United States Magistrate Judge Gregory G. Hollows (GGH)

United States Magistrate Judge Gregory G. Hollows (GGH)

Senior United States District Judge Anthony W. Ishii (AWI)

United States Magistrate Judge Craig M. Kellison (CMK)

United States Magistrate Judge Barbara A. McAuliffe (BAM)

United States District Judge John A. Mendez (JAM)

United States District Judge Kimberly J. Mueller (KJM)

United States Magistrate Judge Kendall J. Newman (KJN)

United States District Judge Troy L. Nunley (TLN)

United States Magistrate Judge Sheila K. Oberto (SKO)

United States District Judge Lawrence J. O'Neill (LJO)

United States Magistrate Judge Michael J. Seng (MJS)

Senior United States District Judge William B. Shubb (WBS)

United States Recalled Magistrate Judge Sandra M. Snyder (SMS)

United States Magistrate Judge Jennifer L. Thurston (JLT)

Home » Judges » All Judges » United States Magistrate Judge Gregory G. Hollows (GGH)

UNITED STATES RECALLED MAGISTRATE JUDGE GREGORY G. HOLLOWS (GGH)

Robert T. Matsui United States Courthouse501 I StreetSacramento, CA 95814 Courtroom 9, 13th floor Biography

JUDGE STAFF

Courtroom Deputy

Jonathan Anderson

[email protected]

(916) 930-4072

Electronic Court Reporter Operator

Jonathan Anderson

[email protected]

(916) 930-4072

Click here to Order Transcript

Judicial Assistant

Donna Dal Porto

[email protected]

916-930-4120

CVB INFORMATION

Link to Central Violations Bureau (CVB)

Collateral Forfeiture (Bail) Schedule

CASE MANAGEMENT PROCEDURES

Procedures to be followed in Cases Assigned to Hon. Gregory G. Hollows

Civil Law and Motion Calendars are held on designated Thursdays at 10:00 a.m. Please contact the courtroom deputy at (916) 930-4152 for available dates.

CALENDAR SCHEDULE

Motion Type: CivilDay: Designated Thursdays*Time: 10:00 a.m.

Courtroom: 9, 13th floorTelephone: (916) 930-4152

*Contact courtroom deputy for available dates.

See Local Rules for proper noticing of motions.

Judge Hollow's court calendars.

Calendars are subject to last minute changes. Please verify last minute changes with the Courtroom Deputy.

Page 2: Judge Gregory G. Hollows Disqualification Order Prosecutorial Misconduct-Fraud on the Court

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Plaintiff,

v.

SIERRA PACIFIC INDUSTRIES, et al.,

Defendants.

No. 2:09-cv-02445-KJM-EFB

ORDER

In July 2012, the parties to this action entered into a settlement agreement. See

ECF Nos. 577-78, 592. Defendants agreed to pay $55 million to the United States over

five years, and Sierra Pacific agreed to transfer 22,500 acres of land through ongoing

negotiations. ECF No. 593-3. Thereafter, the Court closed the matter, but retained

jurisdiction to enforce the terms of the compromise settlement. Order, ECF No. 592.

On October 9, 2014, Defendant Sierra Pacific Industries (“Sierra Pacific”) together

with the other named Defendants1 moved to set aside the judgment in this case for fraud

1 The other named-defendants include Eunice Howell, individually and dba Howell's Forest Harvesting Company ("Howell's"); W.M. Beaty &Associates, Ina (`Beaty") and the following parties (hereinafter collectively "the Landowners"): Ann McKeever Hatch, as Trustee of the Hatch 1987 Revocable Trust; Richard L. Greene, as Trustee of the Hatch Irrevocable Trust; Brooks Walker, Jr., as Trustee of the Brooks Walker, Jr. Revocable Trust, and the Della Walker Van Loben Sels Trust for the Issue of Brooks Walker, Jr.; Brooks Walker, III, Individually and as Trustee of the Clayton Brooks Danielsen Trust, the Myles Walker Danielsen Trust, the Margaret Charlotte Burlock Trust, and the Benjamin Walker Burlock Trust; Leslie Walker, Individually, and as Trustee of the Brooks Thomas Walker Trust, the Susie Kate Walker Trust, and the Della Grace Walker Trust; Wellington Smith Henderson, Jr., as Trustee of the

Case 2:09-cv-02445-KJM-EFB Document 603 Filed 10/15/14 Page 1 of 3

Page 3: Judge Gregory G. Hollows Disqualification Order Prosecutorial Misconduct-Fraud on the Court

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

2

on the Court under Federal Rule of Civil Procedure 60(d)(3) (the “Motion”). Mot., ECF

No. 593. Defendants base their Motion on the grounds that the United States'

prosecution of this action constituted a fraud upon the Court when the United States

attorneys and the Moonlight Fire investigators and their counterparts in co-pending state

actions, operating under a joint prosecution agreement with the United States, advanced

a corrupt and tainted prosecution, violated Defendants' due process rights, and engaged

in investigatory and prosecutorial misconduct.2 Id. Defendants allege that this

misconduct was perpetrated by officers of the Court and ultimately tampered with the

administration of justice, in a manner that wronged not only Defendants, but also the

Court and the public. Id. According to Defendants, the government's misconduct

compromised the judicial process and amounts to an unconscionable scheme designed

to improperly influence the Court's decisions in this case.3 Id. In fact, Defendants state

that they perceive the Court itself as a victim “as it has neither had the chance to fully

assess the trust it naturally placed in certain federal prosecutors nor the ability to do so

in the context of all that was eventually discovered about the thoroughly corrupt and

financially driven Moonlight Fire investigation.” ECF No. 593-3. Defendants ask that the

Court set aside the judgment and the Settlement Agreement and dismiss this action in

Henderson Revocable Trust; Elena D. Henderson, Individually; Mark W. Henderson, as Trustee of the Mark W. Henderson Revocable Trust; John C. Walker, Individually, and as Trustee of the Della Walker Van Loben Sels Trust for the Issue of John C. Walker; James A. Henderson, Individually; Charles C. Henderson, as Trustee of the Charles C. and Kirsten Henderson Revocable Trust; Joan H. Henderson, Individually; Jennifer Walker, Individually, and as Trustee of the Emma Walker Silverman Trust, and the Max Walker Silverman Trust; Kirby Walker, Individually; and Lindsey Walker, a.k.a. Lindsey Walker-Silverman, Individually, and as Trustee of the Reilly Hudson Keenan Trust, and the Madison Flanders Keenan Trust.

2 Specifically, Defendants allege, among other things, that the United States presented false

evidence to the Defendants and the Court and/or concealed material evidence from the Defendants and the Court; advanced arguments to the Court premised on that false evidence, or for which material evidence had been withheld, and obtaining Court rulings based thereon; prepared key Moonlight Fire investigators for depositions, and allowed them to repeatedly give false testimony about the most important aspects of their investigation; and failed to disclose the facts and circumstances associated with the Moonlight Fire lead investigator's direct financial interest in the outcome of the investigation arising from an illegal bank account that has since been exposed and terminated. ECF No. 593.

3 Defendants believe that the circumstances may warrant the appointment of special master.

ECF No. 593.

Case 2:09-cv-02445-KJM-EFB Document 603 Filed 10/15/14 Page 2 of 3

Page 4: Judge Gregory G. Hollows Disqualification Order Prosecutorial Misconduct-Fraud on the Court

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3

its entirety. ECF No. 593. Defendant’s Motion is currently set for hearing before Judge

Kimberly J. Mueller on November 21, 2014.

Based upon facts alleged in the Motion and accompanying Declarations and

Exhibits, the impartiality of the District and Magistrate Judges in the Eastern District

might reasonably be questioned. Therefore, on the Court’s own motion and pursuant to

the Code of Conduct for United States Judge, Canons 2 and 3, in order to avoid the

appearance of impropriety, and because a judge has a duty to disqualify him or herself if

his or her impartiality could be reasonably questioned, whether or not such impartiality

actually exists, the Court recuses itself from the above-captioned case. See 28 U.S.C. §

455(a). Accordingly, all District and Magistrate Judges in the Eastern District of

California are RECUSED from hearing case number 2:09-cv-02445 and all related

matters. This matter is REFERRED to Alex Kozinski, Chief Judge of the United States

Ninth Circuit Court of Appeals, for the assignment of a judge other than from the Eastern

District of California to sit by designation and hear case number 2:09-cv-02445 and all

related matters.

IT IS SO ORDERED.

Dated: October 14, 2014

Case 2:09-cv-02445-KJM-EFB Document 603 Filed 10/15/14 Page 3 of 3

Page 5: Judge Gregory G. Hollows Disqualification Order Prosecutorial Misconduct-Fraud on the Court
Page 6: Judge Gregory G. Hollows Disqualification Order Prosecutorial Misconduct-Fraud on the Court
Page 7: Judge Gregory G. Hollows Disqualification Order Prosecutorial Misconduct-Fraud on the Court
Page 8: Judge Gregory G. Hollows Disqualification Order Prosecutorial Misconduct-Fraud on the Court

Home Judges Attorney Info CM/ECF E-Filing Rules Forms Jury Info Clerk's Office Careers Education

About Location Contact

Website Suggestion?

United States Magistrate Judge Gary S. Austin (GSA)

United States Magistrate Judge Dennis L. Beck (DLB)

United States Magistrate Judge Stanley A. Boone (SAB)

United States Magistrate Judge Edmund F. Brennan (EFB)

Senior United States District Judge Garland E. Burrell, Jr. (GEB)

United States Magistrate Judge Allison Claire (AC)

United States Magistrate Judge Carolyn K. Delaney (CKD)

Chief United States Magistrate Judge Dale A. Drozd (DAD)

Chief United States District Judge Morrison C. England, Jr. (MCE)

United States Magistrate Judge Gregory G. Hollows (GGH)

United States Magistrate Judge Gregory G. Hollows (GGH)

Senior United States District Judge Anthony W. Ishii (AWI)

United States Magistrate Judge Craig M. Kellison (CMK)

United States Magistrate Judge Barbara A. McAuliffe (BAM)

United States District Judge John A. Mendez (JAM)

United States District Judge Kimberly J. Mueller (KJM)

United States Magistrate Judge Kendall J. Newman (KJN)

United States District Judge Troy L. Nunley (TLN)

United States Magistrate Judge Sheila K. Oberto (SKO)

United States District Judge Lawrence J. O'Neill (LJO)

United States Magistrate Judge Michael J. Seng (MJS)

Senior United States District Judge William B. Shubb (WBS)

United States Recalled Magistrate Judge Sandra M. Snyder (SMS)

Home » Judges » All Judges » United States Magistrate Judge Gregory G. Hollows (GGH) » United States Magistrate Judge Gregory G. Hollows (GGH)

UNITED STATES MAGISTRATE JUDGE GREGORY G. HOLLOWS (GGH)

Federal Judicial Service:U. S. District Court, Eastern District of California

Appointed United States Magistrate Judge March 7, 1990.

Served as Chief Magistrate Judge, 1997-2002.

Education:Muskingum College, B.A., 1969

Loyola Law School, J.D., 1979, magna cum laude

Professional Career:1979-1982

Private Practice, Los Angeles, San Jose, CA

1982-1988

Deputy Chief United States Attorney, Eastern District of California, Sacramento CA

1988 - 1990

Chief, Civil Division, U.S. Attorney's Office, Eastern District of California, Sacramento, CA