United States of America v. James et al

Filing 52

ORDER denying 51 Defendant Alphonso James, Sr.'s Motion for Disqualification of James S. Moody, Jr., United States District Judge for Bias and Prejudice. Signed by Judge James S. Moody, Jr on 5/22/2015. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
v.

Case No: 5:14-cv-387-Oc-30TBS

ALPHONSO JAMES, SR., et al.,
Defendants.
________________________________/

ORDER
THIS CAUSE comes before the Court upon Defendant Alphonso James, Sr.’s
Motion for Disqualification of James S. Moody, Jr., United States District Judge for Bias
and Prejudice (Doc. 51). By his motion, James requests that the undersigned recuse himself
from this action because James alleges that the undersigned has demonstrated partiality
toward Plaintiff and bias against James. (Id.).
The grounds for recusal are enumerated under 28 U.S.C. § 455, which provides two
primary reasons for recusal. Namely, a judge shall disqualify himself or herself in any
proceeding in which (1) the judge’s “impartiality might reasonably be questioned,” or (2)
the judge “has a personal bias or prejudice concerning a party, or personal knowledge of
disputed evidentiary facts concerning the proceeding.” 28 U.S.C. §§ 455(a), (b)(1). James
contends that the undersigned demonstrated partiality toward Plaintiff by “ignoring”
James’s amended answer, which alleges that this Court does not have subject matter

jurisdiction over Plaintiff’s claims. The Court has previously explained to James in great
detail that it has subject matter jurisdiction over Plaintiff’s claims. (Doc. 27). Accordingly,
the Court did not ignore James’s contention. Rather, the Court already addressed it. Thus,
James has not established bias or prejudice and recusal is not warranted.
Accordingly, it is therefore ORDERED AND ADJUDGED that:
1. Defendant Alphonso James, Sr.’s Motion for Disqualification of James S.
Moody, Jr., United States District Judge for Bias and Prejudice (Doc. 51) is DENIED.
DONE and ORDERED in Tampa, Florida, this 22nd day of May, 2015.

Copies furnished to:
Counsel/Parties of Record

2