Jones v. Hobbs et al
ORDER denying 136 Plaintiff's Second Motion for Recusal and denying 138 Plaintiff's Motion for Copies. Signed by Magistrate Judge J. Thomas Ray on 05/09/2014. (kcs)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MEGAN BOND, Varner Unit Infirmary,
Arkansas Department of Correction, et al.
Plaintiff, David Jones, has filed two non-dispositive Motions, which the
Court will address separately.
I. Motion for Recusal
Plaintiff has recently filed a Second Motion arguing that I should recuse from
this case.1 Doc. 136. Plaintiff claims that I am impartial because, on March 26, 2014,
I denied his Motions to Compel that sought production of a copy of his prison medical
file and ADC Health Services Policy 800. Doc. 132. As previously explained to
Plaintiff, a judge's rulings "do not constitute a basis for a bias or partiality" unless the
rulings "display a deep-seated favoritism or antagonism that would make fair
On September 30, 2013, Plaintiff filed a Motion arguing that I should recuse because I
entered an Initial Scheduling Order staying discovery until the exhaustion issue was resolved. Doc.
judgment impossible." Id. Nothing about my March 26, 2014 ruling constitutes a
bias, partiality, favoritism, or antagonism toward either party.
Further, there is
nothing that prevents me from continuing to be fair, unbiased, and impartial over the
proceedings in this matter. Accordingly, the Second Motion for Recusal is denied.
II. Motion for Copies
Plaintiff has filed a Motion (Doc. 138) stating that he did not receive a copy of
this free world medical records that were produced pursuant to the April 1, 2014
subpoena duces tecum (Doc. 134). The Court's records demonstrate that the Clerk
mailed copies of those medical records to Plaintiff on April 15, 2014, which was only
five business days before Plaintiff filed his Motion for Copies. Doc. 137. Thus, it is
likely that Plaintiff received the medical records sometime after he filed his Motion
for Copies. Accordingly, the Motion for Copies is denied at this time. If Plaintiff has
not received copies of his subpoenaed medical records by the time he receives this
Order, he should refile his Motion for Copies.
IT IS THEREFORE ORDERED THAT:
Plaintiff's Second Motion for Recusal (Doc. 136) is DENIED.
Plaintiff's Motion for Copies (Doc. 138) is DENIED.
Dated this 9th day of May, 2014.
UNITED STATES MAGISTRATE JUDGE
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