Opinion
CASE NO. 4:01cr13-RH/WCS, 4:05cv25-RH/WCS.
February 27, 2007
ORDER DENYING § 2255 MOTION
This matter is before the court on the magistrate judge's report and recommendation (document 214) and the objections thereto (document 215). I have reviewed de novo the issues raised by the objections. The report and recommendation is correct and will be adopted as the opinion of the court, with this additional note.
Defendant suggests that I should disqualify myself because I presided over two civil actions against him in addition to the instant criminal case and because certain of my rulings and explanations in this case were incorrect and thus allegedly show bias. None of this provides a basis for disqualification. I based all of my rulings in this case on information properly presented on the record in this case; allegations in the civil actions were taken into account not at all.
For these reasons and those set forth in the report and recommendation,
IT IS ORDERED:
The report and recommendation is ACCEPTED and adopted as the opinion of the court. The clerk shall enter judgment stating, "Defendant's motion, as amended, for relief under 28 U.S.C. § 2255 (document 211) is DENIED WITH PREJUDICE." The clerk shall close the file.
SO ORDERED.