SPRAGUE CHADBROWN v. COLES

Filing 46

ORDER ON MOTION TO ASSIGN A FAIR JUDGE re 43 Motion to Assign a Fair Judge By JUDGE JOHN A. WOODCOCK, JR. (lrc)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
TERAH SPRAGUE CHADBROWN,
Plaintiff,
v.
JAMES REED COLES,
Defendant.

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2:11-cv-00145-GZS

-----------------------------------------------------JAMES R. COLES,
Plaintiff,
v.
SUDIE REID COLES, a/k/a
Terah Sprague Chadbrown,
Defendant.

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2:11-cv-00219-GZS

ORDER ON MOTION TO ASSIGN A FAIR JUDGE
The Court dismisses Terah Sprague Chadbrown’s motion to assign a fair
judge because a legal challenge to a trial judge’s refusal to recuse must be presented
to the Court of Appeals, not to another district judge.
I.

STATEMENT OF FACTS
There are two matters before the Court involving these parties: Terah

Sprague Chadbrown v. James Reed Coles, No. 11-cv-145-GZS, and James R. Coles v.
Sudie Reid Coles, a/k/a Terah Sprague Chadbrown, No. 11-cv-219-GZS. On August

26, 2011 and September 6, 2011, respectively, Ms. Chadbrown1 moved to recuse
United States Magistrate Judge Margaret J. Kravchuk and United States District
Court Judge George Z. Singal in both cases.

Mot. for Recusal (Docket # 26 –

Chadbrown v. Coles; Docket # 22 – Coles v. Coles); Mot. for Recusal (Docket # 28 –
Chadbrown v. Coles; Docket # 25 – Coles v. Coles). On September 15, 2011, Judge
Kravchuk and on September 26, 2011, Judge Singal denied the motions. Order on
Mots. for Recusal (Docket # 32 – Chadbrown v. Coles; Docket # 29 – Coles v. Coles);
Order (Docket # 37 - Chadbrown v. Coles; Docket # 34 – Coles v. Coles).

On

September 22, 2011, Ms. Chadbrown objected to Judge Kravchuk’s Orders in both
cases. Obj. to Judge Kravchuk’s “Order” Regarding Her Disqualification from the
Above-Captioned Matters, Required By Title 28 – USC – 455(a) and (b) (Docket # 35
– Chadbrown v. Coles; Docket # 32 – Coles v. Coles). Ms. Chadbrown’s objections to
Judge Kravchuk’s Orders denying the motions to recuse remain pending.
On September 26, 2011, Ms. Chadbrown filed a letter with attachments in
both cases addressed to this Judge, objecting to Judge Kravchuk’s Order dated
September 15, 2011, denying her motion to recuse.

Letter from Terah Sprague

Chadbrown to The Hon. John A. Woodcock, Jr. (Sept. 23, 2011) (Docket # 39 –
Chadbrown v. Coles; Docket # 36 – Coles v. Coles). Then, on October 4, 2011, Ms.
Chadbrown formally moved this Judge to reassign the cases from Judges Singal and
Kravchuk to another judge. Mem. of Law Re: Mot. to Assign a Fair Judge to the

The Complaint in Docket Number 11-cv-219-GZS refers to Terah Sprague Chadbrown as Sudie
Reid Coles. However, Ms. Chadbrown’s motion is signed “Terah Sprague Chadbrown” and the Court
has used the name she has used.
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Above Matters Consistent with Substantial Justice and “Fundamental Fairness”
(Docket # 43 – Chadbrown v. Coles; Docket # 40 – Coles v. Coles).
II. DISCUSSION
Ms. Chadbrown is clearly upset with Judge Singal’s and Judge Kravchuk’s
decisions not to recuse themselves from her cases and she seeks judicial review of
their Orders. As regards Judge Singal’s decision not to recuse, this Judge is not
authorized to hear appeals from decisions of other district judges. The Court of
Appeals for the First Circuit is the proper court to hear such a challenge, either
through interlocutory review of a denial of a motion to recuse by petition for a writ
of mandamus or through appeal of a final judgment. In re United States, 666 F.2d
690, 694 (1st Cir. 1981).

“Ordinarily, a district judge’s refusal to recuse is

reviewable only on appeal of a final judgment.” In re Martinez-Catala, 129 F.3d
213, 217 (1st Cir. 1997); see also In re Vazquez-Botet, 464 F.3d 54, 57 (1st Cir. 2006).
However, “in unusual situations, interim review of such a refusal is available
through writ of mandamus.” In re Martinez-Catala, 129 F.3d at 217; see also In re
United States, 666 F.2d at 694.

Further, to maintain a petition for a writ of

mandamus, the petitioner must show a “clear and indisputable” entitlement to
relief. In re Martinez-Catala, 129 F.3d at 217.
As regards Judge Kravchuk’s orders, Ms. Chadbrown has exercised her right
to challenge her orders by objecting to the assigned district judge, Judge Singal. See
FED. R. CIV. P. 72. He has not yet ruled on the merits of her objections. As the
matter is now pending before the assigned district judge, this Judge is not

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authorized to intervene in the case. If Ms. Chadbrown is dissatisfied with Judge
Singal’s decision on her objection, the proper avenue for judicial review will again be
to the Court of Appeals for the First Circuit.
III.

CONCLUSION

The Court DISMISSES without prejudice Terah Sprague Chadbrown, a/k/a
Sudie Reid Coles’ Motion to Assign a Fair Judge to the Above Matters Consistent
with Substantial Justice and “Fundamental Fairness” (Docket # 43 – Chadbrown v.
Coles; Docket # 40 – Coles v. Coles).
SO ORDERED.

/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
CHIEF UNITED STATES DISTRICT JUDGE
Dated this 14th day of October, 2011 

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