Cuyler v. United States District Court, Middle District of Florida, Orlando Division et al

Filing 13

ORDER denying 12 Motion to disqualify judge. Signed by Judge Gregory A. Presnell on 8/18/2011. (ED)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
O RLANDO D IVISION
MARK J. CUYLER,
Plaintiff,
-vs-

Case No. 6:11-cv-1225-Orl-31GJK

UNITED STATES DISTRICT COURT,
MIDDLE DISTRICT OF FLORIDA,
ORLANDO DIVISION, et al.,
Defendants.
_______________________________________

ORDER
This matter comes before the Court on the Plaintiff’s Objection to the Court’s Order
Rendered On August 10, 2011 and Motion to Disqualify Judge Gregory A. Presnell (Doc. 12).
Consistent with his pattern of abusive litigiousness1, the Plaintiff has again responded to an
adverse ruling by seeking the disqualification of the judge who ruled against him. Indeed, this
suit, filed against all of the district judges in the Orlando Division and two of the three magistrate
judges, is another example of this same practice.
Normally, a judge must disqualify himself when he is a party to the proceeding. 28 U.S.C.
§ 455(b)(5)(I); see also United States v. Patti, 337 F.3d 1317, 1321 (11th Cir. 2003). However,
such disqualification is not required where, as here, the suit against the judge is baseless.2 See,

1

2

See Doc. 11 in Cuyler v. Presnell, Case No. 6:11-cv-623-Orl-22DAB.

The instant suit has been brought against federal judges for actions taken in their official
capacity and is clearly barred by judicial immunity. See Stump v. Sparkman, 435 U.S. 349 (1978).

e.g., In re Hipp, 5 F.3d 109, 116-17 (5th Cir. 1993). In addition, the Plaintiff has sued every
district judge in the division, and every other judge who has failed to rule in his favor. Where a
litigant indiscriminately brings suit against (or threatens to sue) all of the judges of a court, leaving
no one to hear the case, the rule of necessity relieves the judge of the obligation to recuse himself.
Bolin v. Story, 225 F.3d 1234, 1238-39 (11th Cir. 2000). See also Davis v. Kvalheim, 261 Fed.
Appx. 231 (11th Cir. 2008).
In consideration of the foregoing, it is hereby
ORDERED that the Plaintiff’s Objection to the Court’s Order Rendered On August 10,
2011 and Motion to Disqualify Judge Gregory A. Presnell (Doc. 12) is DENIED.
DONE and ORDERED in Chambers, Orlando, Florida on August 18, 2011.

Copies furnished to:
Counsel of Record
Unrepresented Party

-2-