Opinion
Civil No. 11-cv-180-SM
09-04-2012
NOTICE OF RULING
Re: Document No. 24, Notice of Disqualification Ruling: To the extent the "notice" is meant as a motion to disqualify, it is denied as it fails to identify any facts that might give rise to a reasonable question about the undersigned's impartiality in this case by a reasonable person fully informed of the pertinent circumstances. To the extent plaintiff claims some association with previous defendants in a high profile case in this court, the implication of some appearance of bias by the undersigned based upon such an association (whatever it might be) is both unsupported and highly tenuous speculation - providing no grounds upon which a disqualifying appearance of impartiality might rest. See In re Martinez-Catala, 129 F.3d 213 (1st Cir. 1997); 28 U.S.C. Section 455(a). None of the bases for disqualification described in 28 U.S.C. Section 455(b) apply. And, plaintiff has not complied with the process required in 28 U.S.C. Section 144. Motion denied.
So ordered.
______________________
Steven J. McAuliffe
United States District Court
cc: Marie Luise Miller
Kurt R. McHugh, Esq.
George A. Karambelas, Esq.