Jones v. Mohave, County of et al

Filing 50

ORDER denying 45 Plaintiff's Motion to Set Aside Judgment; denying 46 Plaintiff's Motion for Sanctions; denying 47 Plaintiff's Motion to Disqualify Judge. Signed by Judge James A Teilborg on 11/2/12.(TLJ)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Plaintiff,
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vs.
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Mohave County; Carol Meier, Mohave)
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County Recorder,
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Defendants.
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James Luther Jones Junior,

No. CV 11-8093-PCT-JAT
ORDER

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Pending before the Court is Plaintiff’s Motion to Set Aside Judgment (Doc. 45),

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Plaintiff’s Motion for Sanctions (Doc. 46), and Plaintiff’s Motion to Disqualify Judge (Doc.

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47). The Court now rules on the Motions.

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On January 11, 2012, the Court granted Defendant’s Motion to Dismiss Plaintiff’s

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Complaint for failure to state a claim upon which relief could be granted. Specifically, the

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Court found that Plaintiff’s complaint failed to meet the standards set forth in Federal Rules

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of Civil Procedure 8 and 12(b)(6). The Court was unable to ascertain either Plaintiff’s legal

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theories for his claims or the factual basis upon which Plaintiff was basing any claims against

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Defendants. Nonetheless, the Court granted Plaintiff leave to amend his Complaint.

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Accordingly, Plaintiff filed an Amended Complaint on January 31, 2012. Defendants moved

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to dismiss the Amended Complaint and the Court granted the Motion to Dismiss because

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Plaintiff had failed to cure any of the deficiencies that the Court had identified in its Order

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granting Plaintiff leave to amend. The Court then dismissed the case without prejudice. The

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Clerk of the Court entered judgment accordingly.

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Plaintiff now seeks disqualification of the undersigned based on the Order dismissing

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the case. Plaintiff claims that, by granting Defendants’ Motion to Dismiss, the undersigned

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“has demonstrated clear and blatant bias in favor of Libelees.” (Doc. 47 at 3). The Court

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finds that recusal is not necessary in this case because “a judge’s prior adverse ruling is not

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sufficient cause for recusal.” U.S. v. Studley, 783 F.2d 934, 939 (9th Cir.1986); see, e.g.,

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Taylor v. Regents of Univ. of California, 993 F.2d 710, 712–13 (9th Cir.1993) (holding that

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adverse rulings alone are insufficient to demonstrate bias and to compel recusal); Mayes v.

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Leipziger, 729 F.2d 605, 607 (9th Cir. 1984) (same). Accordingly, Plaintiff’s Motion to

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Disqualify is denied.

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Plaintiff also moves to set aside the judgment dismissing this case without prejudice

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pursuant to Federal Rule of Civil Procedure 60. In his Motion for Rule 60 Relief, Plaintiff

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fails to identify any factual or legal basis for the Court to set aside the judgment.

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Accordingly, Plaintiff’s Motion for Rule 60 Relief from Judgment is denied.

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Plaintiff next moves for sanctions against defense counsel. Essentially, Plaintiff’s

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Motion for Sanctions is a complaint that defense counsel represented his client in filing

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Motions to Dismiss. This is not sanctionable conduct. Further, it appears that Plaintiff’s

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motion for sanctions is not made in good faith and is, in fact, made for the sole intention of

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harassing Defendants and needlessly increasing the cost of litigation. The Court will not

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indulge such harassment and, if Plaintiff files similarly non-meritorious motions in the future,

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such motions will be denied without further explanation from the Court. Accordingly,

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Plaintiff’s Motion for Sanctions is denied.

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Based on the foregoing,

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IT IS ORDERED that Plaintiff’s Motion to Set Aside Judgment (Doc. 45) is denied.

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IT IS FURTHER ORDERED that Plaintiff’s Motion for Sanctions (Doc. 46) is

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denied.
IT IS FINALLY ORDERED that Plaintiff’s Motion to Disqualify Judge (Doc. 47)
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is denied.
DATED this 2nd day of November, 2012.

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