Stebbins v. Legal Aid of Arkansas
ORDER DENYING 97 Motion to Set Aside Judgment.and DENYING 97 Motion to Disqualify Judge. Signed by Honorable P. K. Holmes, III on July 3, 2013. Copy of order mailed to non CM/ECF participant. (jas)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
DAVID A. STEBBINS
Case No. 3:11-CV-03057
LEGAL AID OF ARKANSAS
Currently before the Court is Plaintiff David Stebbins’s Motion to Set Aside Judgment and
to Disqualify Judge. (Doc. 97).
The Court, having reviewed Mr. Stebbins’s motion, finds that it should be denied. Mr.
Stebbins argues that Magistrate Judge James Marschewski has demonstrated an animus against him
be entering a report and recommendation in various of Mr. Stebbins’s other cases filed in this
District, recommending that Mr. Stebbins not be granted leave to proceed in forma pauperis. The
Court cannot find that those reports and recommendations are evidence of an animus held by Judge
Marschewski against Mr. Stebbins. Rather, they are Judge Marschewski’s recommendations to this
Court based on his review of the applicable law. The fact that Mr. Stebbins disagrees with or does
not like Judge Marschewski’s recommendations does not create grounds for disqualification. Mr.
Stebbins has filed objections to those reports and recommendations, which will be considered by the
Furthermore, this case was extensively litigated by the parties. Judgment was entered in
favor of the Defendant, and that judgment has now been upheld on appeal. This case is closed. The
Court finds that Mr. Stebbins has not provided a sufficient reason, under Federal Rule of Civil
Procedure 60(b), for setting aside the judgment in this case.
IT IS THEREFORE ORDERED that Mr. Stebbins’s Motion to Set Aside Judgment and to
Disqualify Judge (Doc. 97) is DENIED.
IT IS SO ORDERED this 3rd day of July, 2013.
/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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