Jones v. Glover

Filing 10

ORDER vacating the screening Order, 5 , the Judgment, 6 , and the post-Judgment Order, 8 . Jones's 2 Complaint and 3 Motion for Summary Judgment are reinstated. Jones's 9 Motion for Relief is granted on the recusal issue and otherwise denied without prejudice. I recuse. The Clerk must reassign this case at random to another District Judge, who will start over. Signed by Judge D. P. Marshall Jr. on 2/23/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CHARLES EDWARD JONES, SR.
ADC #144544

v.

PLAINTIFF

No. 5:14-cv-453-DPM

DON E. GLOVER,
Chicot County Circuit Judge

DEFENDANT

ORDER

1. In late December 2014, Jones filed this § 1983 case, alleging that Chicot

County Circuit Judge Glover deprived Jones of access to the courts in relation
to Jones's amended state habeas petition. The case was assigned to me at
random. I screened the complaint for this Court. And, in late January 2015,
I dismissed it without prejudice based on judicial immunity. Jones moved in
mid-February to alter or amend the Judgment, renewing his arguments on the
merits. I denied that motion for the reasons previously given. Last week,
Jones moved under FED. R. CIV. P. 60(b) for relief from the Judgment. He
renews his court-access arguments; and he makes a new point. Jones says I
should have recused in this case because I was on the Arkansas Court of
Appeals panel that affirmed his conviction, 2010 Ark. App. 324, and because
I recused in 2012 in his federal habeas proceeding, No. 5:12-cv-19.

2. Jones is right. I should have disqualified myself in this latest case. I
have no memory of his direct appeal in 2010 or his federal habeas proceeding
in 2012. And I did not catch my earlier involvement when I was considering

the papers in this latest case. This was my mistake. Jones's particular§ 1983
claim could reasonably be viewed as a continuation of his original case - the
same proceeding on which I expressed an opinion in 2010. My impartiality,
therefore, might reasonably be questioned. CODE OF CONDUCT FOR U.S.
JUDGES, Canon 3(C)(l)(e) & (3)(d).
3. The screening Order, NQ 5, the Judgment, NQ 6, and the post-Judgment
Order, NQ 8, are vacated. Jones's complaint, NQ 2, and motion for summary
judgment, NQ 3, are reinstated. Jones's motion for relief, NQ 9, is granted on
the recusal issue and otherwise denied without prejudice. I recuse. The Clerk
must reassign this case at random to another District Judge, who will start
over.
So Ordered.
(/

D .P. Marshall Jr.
United States District Judge

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