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Devine v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Sep 20, 2012
12 Civ. 2236 (ALC) (DF) (S.D.N.Y. Sep. 20, 2012)

Opinion

12 Civ. 2236 (ALC) (DF)

09-20-2012

R. Devine, Plaintiff, v. Unitcd States of America, acting by and through the Department of Treasury-Internal Revenue Service, the Social Security Administration, and Comerica Bank, Defendants.


OPINION & ORDER

ANDREW L. CARTER, JR., District Judge:

Currently before the Court is an objection by plaintiff R. Devine ("Plaintiff"), dated July 27, 2012 (Dkt. 18). Plaintiff objects to an order by Magistrate Judge Freeman denying his motion for recusal under 28 U.S.C. § 455 and ordering him to produce his Social Security Number to Defendants' counsel (Dkt. 16). I have read Plaintiff's submission, and his objection is baseless. Plaintiff does not argue or provide any facts that show that Judge Freeman or defense counsel's impartiality could reasonably be questioned in this case. See U.S. v. Bayless, 201 F.3d 116, 127 (2d Cir. 2000). The thrust of Plaintiff s complaint is that he disagrees with Judge Freeman's order requiring him to submit his Social Security Number, which he states was done without proper notice to him. However, Plaintiff has had multiple opportunities to challenge the propriety of this ruling, including at a hearing before me, and his challenge was found to be without merit. In any event, disagreement with a ruling does not provide a ground for recusal. Accordingly, Plaintiff's objection is overruled. SO ORDERED, Dated: New York, New York

September 19, 2012

_______________

ANDREW L. CARTER, JR.

United States District Judge


Summaries of

Devine v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Sep 20, 2012
12 Civ. 2236 (ALC) (DF) (S.D.N.Y. Sep. 20, 2012)
Case details for

Devine v. United States

Case Details

Full title:R. Devine, Plaintiff, v. Unitcd States of America, acting by and through…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Sep 20, 2012

Citations

12 Civ. 2236 (ALC) (DF) (S.D.N.Y. Sep. 20, 2012)

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Devine v. United States, No. 12 CIV. 2236 ALC DF, 2012 WL 4320608, at *1 (S.D.N.Y. Sept. 20, 2012)…