Obtain complaint forms by downloading them from the website of your circuit's court of appeals, by visiting the clerk's office or from your local district court. Fill in the blanks in the forms by indicating your name, address, docket number, name of the magistrate judge, name of court and name of your attorney. Answer all other questions in the form pertaining to the details of the complaint and sign it in the presence of a notary, such as the court clerk.
Draft a Prayer for Relief by writing a note at the end of the complaint, asking the court for an injunction ordering the magistrate judge to stop engaging in acts that culminate to abuse of process.
Write a statement of fact by explaining how the magistrate judge engaged in abuse of process. Indicate the specific constitutional and federal civil rights statutes violations that the magistrate has engaged in as a result of her acts of abuse of process. Write the name of the judge and the docket number of your ongoing case. Provide the time and place where the misconduct occurred and the names and addresses of witnesses to the magistrate judge's conduct.
File copies of the complaint and the statement of facts with the clerk of the court of appeals in the circuit the magistrate is serving in. The clerk will forward these documents to the Chief Judge of the circuit where the magistrate is serving. Wait for the Chief Judge to make a decision on whether to dismiss the petition, to conclude the proceeding brought against the magistrate judge if action has already been taken to correct his behavior or to appoint a special committee to deliberate your complaint.
Petition the judicial council of the court of appeals in the circuit where the magistrate judge serves, if your complaint is dismissed. Fill in the petition form given to you by the court clerk, and attach the order to dismiss issued by the Chief Judge, as well as the copies of the complaint and statement of facts. Wait for the decision of the judicial council, which may either dismiss the petition or reprimand the magistrate judge for his conduct.