Opinion
3:18-cr-727
07-05-2022
United States of America, Plaintiff, v. John M. Everson, Defendant.
ORDER
Jeffrey J. Helmick United States District Judge
Defendant John M. Everson has filed a motion pursuant to 28 U.S.C. § 455 to disqualify me as the judge in this case because I have declined to grant several motions Everson filed to dismiss this case for lack of jurisdiction. (Doc. No. 65). Section 455 states a judge “shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” 28 U.S.C. § 455(a). Disqualification under this section must be based upon “extrajudicial conduct rather than on judicial conduct. . . and upon a personal bias as distinguished from judicial one, arising out of the judge's background and association and not from the judge's view of the law.” Green v. Nevers, 111 F.3d 1295, 1303-04 (6th Cir. 1997) (citations and internal quotation marks omitted).
Everson's motion is based upon his belief that I incorrectly denied his motion and not on any extrajudicial conduct. Therefore, I deny his motion. (Doc. No. 65).
So Ordered.