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Smith v. MB Mut. Holding Co.

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
Mar 12, 2019
Civ. No. 18-11297 (D.N.J. Mar. 12, 2019)

Opinion

Civ. No. 18-11297

03-12-2019

BRIAN SMITH and LYNN Z. SMITH, Plaintiffs, v. MB MUTUAL HOLDING COMPANY, et al., Defendants.


NOT FOR PUBLICATION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.


Summaries of

Smith v. MB Mut. Holding Co.

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
Mar 12, 2019
Civ. No. 18-11297 (D.N.J. Mar. 12, 2019)
Case details for

Smith v. MB Mut. Holding Co.

Case Details

Full title:BRIAN SMITH and LYNN Z. SMITH, Plaintiffs, v. MB MUTUAL HOLDING COMPANY…

Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Date published: Mar 12, 2019

Citations

Civ. No. 18-11297 (D.N.J. Mar. 12, 2019)