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),
-1-
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
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?