Stebbins v. Watkins et al

Filing 4

ORDER DENYING 3 Motion for Recusal. Signed by Honorable P. K. Holmes, III on July 3, 2013. Copy of order mailed to non-CM/ECF participant. (jas)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION DAVID STEBBINS v. PLAINTIFF Case No. 3:13-CV-03068 RHONDA WATKINS, Boone County Circuit Clerk; and STATE OF ARKANSAS DEFENDANTS ORDER Currently before the Court is a letter sent by Plaintiff David Stebbins addressed to “U.S. District Clerk.” In the letter, Mr. Stebbins requests that his complaint “be sent to a judge other than P.K. Holmes, and to a magistrate judge other than James Marschewski. It has become abundantly clear that those judges hold an animus against me because of all the lawsuits I have filed . . .” (Doc. 3). The Court construes Mr. Stebbins’s letter as a Motion for Recusal, which the Court finds should be denied. In his letter, Mr. Stebbins references motions to recuse he filed on the same date in other cases before this Court. In those motions, Mr. Stebbins argues that Magistrate Judge James Marschewski has demonstrated an animus against him by 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 -1- those reports and recommendations, which will be 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 for Recusal, as construed, (Doc. 3) 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 -2-

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