Arnold v. St Vincent Health

Filing 11

ORDER denying 8 Motion for Recusal. Ms. Arnold's deadline for filing an amended complaint was 13 November 2015. She has not done so, and the deadline has passed. In the circumstances, the Court extends her deadline until 2 December 2015. If an amended complaint is not filed clarifying Ms. Arnold's claims by that date, the Court will dismiss her case without prejudice. Signed by Judge D. P. Marshall Jr. on 11/18/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
NOLITA CU ARNOLD
v.

PLAINTIFF
No. 4:15-cv-599-DPM

ST. VINCENT HEALTH CHI SVI

DEFENDANT

ORDER
1. Ms. Arnold has moved that I recuse in this case. NQ 8. I set a hearing

on her motion for today. NQ 9. Ms. Arnold did not appear. So I'll decide on the
papers.

2. The motion is denied. The governing law is 28 U.S.C. § 455. I have not
acted as a lawyer in this case. I granted Ms. Arnold's motion to proceed in

forma pauperis, screened her complaint, directed an amended complaint
clarifying her claims, and denied her motion for appointed counsel. NQ 5. I
have acted only as a judge. Contrary to Ms. Arnold' s motion, I don't know
anything about the facts. I am not affiliated with the University of Arkansas.
I am not an alumni of any U of A institution. Twenty-five years ago, I taught
some classes at the University of Arkansas at Little Rock. But that work is too
distant in time, and too unrelated to St. Vincent, to create any actual bias or
the appearance of bias. I'm not sure exactly what Ms. Arnold is talking about

on the copies. I granted her motion for copies, and the Clerk mailed them to
her. Ng 7. Ms. Arnold's motion seems prompted by my denying her request
for appointed counsel and by my ordering that she clarify her claims. Adverse
rulings, though, are almost never a sufficient basis for recusal. The remedy for
any disappointed litigant, including Ms. Arnold, is to appeal at the end of the
case, not look for a different judge. Dossett v. First State Bank, 399 F.3d 940,
952-53 (8th Cir. 2005). A person on the street corner, knowing all the facts and
circumstances, could not reasonably question my impartiality in presiding
over this case.
3. Ms. Arnold's deadline, NQ 5 at 2, for filing an amended complaint was
13 November 2015. She has not done so, and the deadline has passed. In the
circumstances, the Court extends her deadline until 2 December 2015. If
Ms. Arnold does not file an amended complaint clarifying her claims by that
date, the Court will dismiss her case without prejudice.
So Ordered.
!/

D.P. Marshall Jr.
United States District Judge

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