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