Shea v. Winnebago County Sherriff's Office et al

Filing 414

ORDER: For the reasons stated below, plaintiff's affidavit of prejudice 411 (which includes a motion to disqualify) is denied. [See STATEMENT] Signed by the Honorable Philip G. Reinhard on 6/28/2019. Mailed notice (jp, )

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS
WESTERN DIVISION
Ronald R. Shea,

)
)
Plaintiff,
)
Case No. 12 C 50201
)
vs.
)
)
Douglas Koehler, et al.,
) Judge Philip G. Reinhard
)
Defendant.
)
ORDER
For the reasons stated below, plaintiff’s affidavit of prejudice [411] (which includes a motion to
disqualify) is denied.
STATEMENT
Plaintiff, a pro se litigant, filed an affidavit of prejudice moving pursuant to 28 U.S.C. § 144
seeking disqualification of this court [411]. Section 144 provides as follows:
Whenever a party to any proceeding in a district court makes and files a timely and
sufficient affidavit that the judge before whom the matter is pending has a personal bias
or prejudice either against him or in favor of any adverse party, such judge shall proceed
no further therein, but another judge shall be assigned to hear such proceeding.
The affidavit shall state the facts and the reasons for the belief that bias or prejudice
exists, and shall be filed not less than ten days before the beginning of the term at which
the proceeding is to be heard, or good cause shall be shown for failure to file it within
such time. A party may file only one such affidavit in any case. It shall be accompanied
by a certificate of counsel of record stating that it is made in good faith. (emphasis
added).
Because the statute requires that counsel of record certify that the affidavit filed under the statute
is made in good faith, pro se litigants may not seek disqualification of a judge under Section 144.
Watford v. LaFond, 725 Fed. Appx. 412, 414 (7th Cir. 2018). A pro se litigant seeking to disqualify a
judge must do so under 28 U.S.C. § 455.
For the foregoing reasons, plaintiff’s affidavit of prejudice [411] (which includes a motion to
disqualify) is denied.
Date: 6/28/2019

ENTER:

_______________________________________

United States District Court Judge
Electronic Notices. (LC)