Collins v. Foster
Filing
20
RULING denying as frivolous 16 Motion to Recuse the Attorney General from Represents the Defendant. Signed by Magistrate Judge Stephen C. Riedlinger on 07/19/2013. (SMG)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
JAUVE COLLINS (#551251)
VERSUS
CIVIL ACTION
TRISH FOSTER
NUMBER 13-232-BAJ-SCR
RULING ON MOTION TO RECUSE THE ATTORNEY GENERAL
Before the court is the plaintiff’s Motion to Recuse the
Attorney General From Represents the Defendant.
Record document
number 16.
Based on a convoluted series of events which apparently
occurred in connection with the plaintiff’s state court criminal
prosecution, the plaintiff sought to prevent the Louisiana Attorney
General from representing the defendant in this case.
No
attorney
defendant.
has
appeared
in
the
case
to
represent
the
In fact, the court has not ordered defendant to be
served with the Complaint because the court has not yet determined
whether the Complaint is frivolous.
A hearing is scheduled,
pursuant to Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985), on
July 23, 2013, for that purpose.1
However, the court can easily
determine that the plaintiff’s motion is frivolous.
The events
described in the plaintiff’s motion in no way support barring the
Louisiana Attorney General from representing the defendant in this
1
Record document number 9.
case.
Accordingly, the plaintiff’s Motion to Recuse the Attorney
General From Represents the Defendant is frivolous and therefore is
denied.
Baton Rouge, Louisiana, July 19, 2013.
STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE
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