Case 3:16-cr-00051-BR

Document 1274

Filed 09/14/16

Page 1 of 5

AT THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
UNITED STATES,
Plaintiff,
v.
RYAN BUNDY,
Defendant named in error.

CASE NO. 3:16-cr-00051-BR-05]

AFFIDAVIT
VERIFIED

MOTION FOR JUDGE ANNA BROWN TO VOLUNTARILY WITHDRAW.

NOW COMES the Defendant, RYAN BUNDY respectfully moves this Court to voluntarily
disqualify herself from sitting on further proceedings in the above-entitled case and
taking exceptions as a pro se defendant.
In support of this motion, the Defendant states the following:
1. During the second day of trial of this matter, the Court ordered the Defendants
motions. (a). Motion for Pretrial Production of Jencks Act Material (b). Motion for
pre-trial evidentiary hearing to determine existence of conspiracy. (c). Motion for
Discovery of Statements of Co-Defendants and Co-Conspirators and Memorandum
of Points and Authorities in Support Thereof. (d) Notice of motion for continuance.
(e). Motion for preservation of tapes and notes. (f). Defendants Motion for
Production and Inspection of Grand Jury Proceedings. (g). Motion for pre-trial
Evidentiary hearing to determine Existence of Conspiracy. (h). Motion for disclosure
of informants. (i). MotionFor discovery and inspectionList of government
witnesses (j). Request for Pretrial Discovery, Rule 12(b)(4) Notice, and Summary of

Case 3:16-cr-00051-BR

Document 1274

Filed 09/14/16

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Expert Testimony A. (k). Omnibus motion of ryan bundy. These All being moot
constitutes a due process violation that must be corrected before a trial can begin.
2. The continuance was based on my defense needing this material evidence that
the government did not provide that is crucial for my inspection, and preparation
for a fair trial to be conducted.
3. This moot ruling has the blatant appearance of bias and if the issue is denied it
would constitute evidence tampering and would create irreparable damage to my
defense at trial and meets the criteria of a due process violation under the 5th
and 6th amendment.
4. It is respectfully suggested that this Court should take into consideration the fact that
confidence in the impartiality of the judiciary is vital to the continued success of our
democratic system. Our court system must not only be fair, it must also appear to be
fair. See generally, United States v. Murphy, 768 F.2d 1518 (7th Cir. 1985), cert. denied,
475 U.S. 1012 (when a question about a judges impartiality reasonably arises, judge
must stand aside in order to preserve public confidence in the courts). Also See.
Yagman v Republic Ins. (1991, CD Cal) 136 FRD 652, affd(CA9 Cal) 987 F2d
622(district court judges have a self-enforcing duty to disqualify themselves in any
proceedings in which their impartiality might be questioned or when they have personal
bias or prejudice concerning a party). 28 U.S.C.A. 455
5. No delay or prejudice will result from a voluntary withdrawal. Pre-trial motions have
yet to be filed in this case and there are a number of other judges in this Court available
to sit in this proceeding.

Case 3:16-cr-00051-BR

Document 1274

Filed 09/14/16

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WHEREFORE, the Defendant respectfully moves this Honorable Court to voluntarily

excuse itself from further proceedings in this case.

Respectfully submitted,
/s/ryan c bundy
______________________________
ryan c of the bundy society
Dated: 9/14/16

Verification
I certify the foregoing is true and correct under
the penalty of perjury pursuant to 28 USC
1746 that I am over the age of 18 years, that I
have personal knowledge of the facts stated
herein, and that I am fully competent to testify to
those facts.
/s/ryan c bundy
_________________________
ryan c of the bundy society
Certificate of Service
This the 14th day of September 2016 a true and
correct copy of the foregoing was served to the
court, and opposing counsel by first-class mail or
better.
/s/ryan c bundy
______________________
ryan c of the bundy society

Case 3:16-cr-00051-BR

Document 1274

Filed 09/14/16

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AT THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
UNITED STATES,
Plaintiff,
v.
RYAN BUNDY,
Defendant named in error.

CASE NO. 3:16-cr-00051-BR-05]

AFFIDAVIT
VERIFIED

DEFENDANTS AFFIDAVIT IN SUPPORT OF MOTION TO DISQUALIFY JUDGE

RYAN BUNDY, being duly sworn, deposes and says:
1. I am the Defendant in the above-entitled action.
2. On or about the morning of 9/14/16 on the 2nd day of forced trial proceeding, I
the defendant filed a continuance to secure my discovery to help me prepare a
defense in this case.
3. These pre-trial motions for discovery being denied as moot and going
unanswered are Brady material and material evidence to my defense.
4. Now I am convinced, and with this conviction that she is acting with a personal
bias toward the outcome of the case and this is conflict of interest to due process
and a fair trial.
WHEREFORE, I move that the Honorable Judge Anna Brown Declare herself
disqualified to sit on the trial or hearing of this cause and that the records of the Court
be marked accordingly.

Case 3:16-cr-00051-BR

Document 1274

Filed 09/14/16

Page 5 of 5

Respectfully submitted,
/s/ryan c bundy
______________________________
ryan c of the bundy society
Dated: 9/14/16
Verification
I certify the foregoing is true and correct under
the penalty of perjury pursuant to 28 USC
1746 that I am over the age of 18 years, that I
have personal knowledge of the facts stated
herein, and that I am fully competent to testify to
those facts.
/s/ryan c bundy
_________________________
ryan c of the bundy society

Certificate of Service
This the 7th day of September 2016 a true and
correct copy of the foregoing was served to the
court, and opposing counsel by first-class mail or
better.
/s/ryan c bundy
______________________
ryan c of the bundy society