08-3187 Volume Appendix15.pdf - Medical Supply Chain

Date: February, 1 st 2008
Office of the Circuit Executive
United States Tenth Circuit
Byron White United States Courthouse
1823 Stout Street
Denver, Colorado 80257
Re: Judicial Ethics Complaint against US District for Kansas Court Judge Carlos Murguia
Dear Honorable Chief Judge Deanell Reece Tacha
I am making a judicial ethics complaint against US District for Kansas Court Judge Carlos
Murguia and his conduct in the following cases: Medical Supply Chain, Inc. v. US Bancorp, NA et al KS.
Dist. Case No. 02-2539; Medical Supply Chain, Inc. v. General Electric Company, et al.,
case number 03-2324-CM, Medical Supply Chain, Inc. v Novation, et al; KS Dist. Court Case No.: 05-2299
(Formerly W.D. MO. Case No. 05-0210);
I am forced to make this complaint against my litigation interests and risk the certain retribution
despite the recent US History of judges not being disciplined regardless of the seriousness of their
offenses. 1 The reason I am forced to make this complaint is the urgency that the misconduct is continuing
and threatens my property and has prevented me from incorporating and for all practical purposes, from
ever entering the market for hospital supplies. I was stopped from obtaining a case management hearing in
2002 in the matter that I am still litigating today, just before I was to meet with the Hon. Magistrate Waxse.
The discoverable and public documents clearly and conclusively prove my claims. A known fact that seems
to necessitate repeated dismissals before discovery commences. I finally got to the January, 2008 case
management hearing and Hon. Magistrate Waxse set a schedule including a timetable for dispositive
motions that the parties mutually agreed to.
While working on the next exhaustive task of documenting my damages and the controlling case
law governing discovery, Judge Carlos Murguia issued a minute order having the effect of over ruling the
case management order and did so by a minute entry with no document, having the effect of giving me no
notice of the accelerated deadline.
As the party experiencing the repeated prejudice and misconduct of US District for Kansas Court
Judge Carlos Murguia I am fully aware of what would have happened to my chances of ever entering the
market to compete with Novation LLC and lower hospital supply costs and all I have ever worked for if I
had missed the stealth deadline.
Each time I have had my claims dismissed based on facially false and readily discernable
misrepresentations about the contents of my pleadings. This has been coupled with decisions on law
directly contradicting controlling authority or adopting the defendants’ false legal argument grounded in the
misrepresentation of whether words stating elements are in my complaints. Each time I have sought
rehearings, pointing out the clear error of contradicting US Supreme Court authority on the precise issue or
demonstrating that a federal statute or public law expressly states language for a private right of action,
Judge Carlos Murguia has denied them. Judge Carlos Murguia has also denied me opportunities to correct
any deficiencies in my claims.
Any prejudice against me or my claims by Judge Carlos Murguia cannot be based on an objective
view of the law or the economic conditions resulting from restraint of trade in the market for hospital
1 http://writ.news.findlaw.com/dean/20040813.html
Exb 1
Atch 1 Part C Exhibits
08-3187 Medical Supply Chain vs. Neoforma Volume XV 5732