Stebbins v. Boone County, Arkansas et al

Filing 80

ORDER DENYING 79 Motion to Disqualify Judge. Signed by Honorable P. K. Holmes, III on July 9, 2013. Copy of order mailed to non-CM/ECF participant. (jas)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
DAVID STEBBINS
v.

PLAINTIFF
Case No. 3:12-CV-03022

BOONE COUNTY, ARKANSAS; and
SHERIFF DANNY HICKMAN

DEFENDANTS
ORDER

Currently before the Court is Plaintiff David Stebbins’s Motion to Disqualify Judge (Doc.
79).
Mr. Stebbins argues that Magistrate Judge James Marschewski has demonstrated an animus
against him by entering a report and recommendations 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 have been considered
by the Court.
Mr. Stebbins does not give any other grounds for why it is “abundantly clear” that the Court
holds an animus against him, and the Court is otherwise unaware of any grounds warranting
disqualification from this case.
IT IS THEREFORE ORDERED that Mr. Stebbins’s Motion to Disqualify Judge (Doc. 79),

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is DENIED.
IT IS SO ORDERED this 9th day of July, 2013.

/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE

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