Opinion
No. 99 Civ. 10425 (LTS) (HBP)
March 29, 2002
ORDER
The Court has received a letter, dated March 13, 2002, from Plaintiff, a copy of which is attached, and a further submission from plaintiff consisting of an affidavit of service, dated March 24, 2002, and correspondence reiterating his request for reassignment of the case to another judge on the grounds that the undersigned and Magistrate Judge Pitman "have been doing favors to the racist prejudice [sic] lawyers of the city and th[e] defendants" and seeking additional time to respond to Magistrate Judge Pitman's Report and Recommendation, with approximately 250-300 pages of attachments, it is hereby ORDERED, that the March 13, 2002 letter, as well as the March 24, 2002 affidavit of service and attachments (including the correspondence) will be deemed objections to the Report and Recommendation of Magistrate Judge Pitman, issued March 6, 2002 (the "Report"); and it is further ORDERED that, insofar as Plaintiff's letter requests, among other things, an indefinite extension of time to file his objection to the Report, and to apply to the "Highest Court" for reassignment of this case to other judicial officers, Plaintiff is hereby granted an extension of time, until May 3, 2002, to file and serve any further objection to the Report. To the extent Plaintiff's letter can be construed as a request for recusal by the undersigned, the request is denied.
The Court harbors no prejudice against Plaintiff, and his generalized assertions of racisim and complicity of the Court in an alleged conspiracy or coverup are baseless and do not constitute proper grounds for recusal. Following receipt of any further submission by Plaintiff, the Court will make its determination as to whether to accept, reject or modify the recommendations set forth in the Report, in accordance with 28 U.S.C. § 636.