Creamer v. ESIS Claims Unit et al

Filing 10

MEMORANDUM AND ORDER denying 9 Motion for Recusal. Signed by District Judge Wesley E. Brown on 12/2/2011. (aa)

IN THE UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF KANSAS

MARJORIE A. CREAMER,
Plaintiff,
v.
ESIS CLAIMS UNIT and ANNETTE
RIGDON,
Defendants.

)
)
)
)
)
)
)
)
)
)

Case No. 11-4110-WEB

Memorandum and Order
Marjorie Creamer filed a Motion for a New Judge (Doc. 9). “To demonstrate a violation
of due process because of judicial bias, a claimant must show either actual bias or an appearance
of bias.” United States v. Nickl, 427 F.3d 1286, 1298 (10th Cir. 2005), citing Phelps v. Hamilton,
122 F.3d 1309, 1323 (10th Cir. 1997). Creamer alleges Judge Brown is biased because he
dismissed Case No. 11-4066-WEB. As discussed in Nickl, adverse rulings are not grounds for a
claim of judicial bias. Id. Creamer has not shown actual or an appearance of bias, nor has she
alleged facts which would cause the impartiality of this Court to be questioned.
IT IS THEREFORE ORDERED the Motion for a New Judge (Doc. 9) be dismissed.
IT IS SO ORDERED this 2nd day of December, 2011.

Wesley E. Brown
United States Judge