U.S. District Judge Richard Cebull, the former chief judge in Montana who filed a complaint against himself last year after acknowledging that he sent a racist email about President Barack Obama, has announced plans to retire by May 3.

Cebull’s move came after the U.S. Court of Appeals for the Ninth Circuit’s Judicial Council issued its final order on March 15 regarding discipline against him. According to a formal statement by Ninth Circuit Chief Judge Alex Kozinski, the order will remain sealed pending the appeal process.

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