Opinion
Civ. No. 18-11297
03-12-2019
NOT FOR PUBLICATION
MEMORANDUM ORDER
THOMPSON, U.S.D.J.
IT APPEARING that Plaintiff Brian Smith has filed a Motion for Recusal (ECF No. 14); and it further
APPEARING that a judge must recuse herself where her "impartiality might reasonably be questioned," "[w]here [s]he has a personal bias or prejudice concerning a party," and in other circumstances, 28 U.S.C. § 455; see also § 144; and it further
APPEARING that "judicial rulings alone almost never constitute a valid basis for a bias or partiality motion," Liteky v. U.S., 510 U.S. 540, 555 (1994); and it further
APPEARING that the Motion alleges "Error[,] Incompetence[,] Incapacity[,] Bias[,] Or Judicial Collusion" (Mot. at 4), but cites as evidence only past rulings (see, e.g., id. at 2 ("the way you have handled my wife's appeals"), 3 ("you have made rulings"), 5 ("you erred . . . when you ruled"));
IT IS on this 12th day of March, 2019,
ORDERED that Plaintiff Brian Smith's Motion for Recusal (ECF No. 14) is DENIED.
/s/_________
ANNE E. THOMPSON, U.S.D.J.