Diabate v. Delta Airline et al

Filing 46

ORDER denying 45 Motion to Stay (Written Opinion). Signed by Judge Patrick J. Schiltz on 01/23/14. (BJS) cc: Amadou C. Diabate on 1/23/2014 (KNK).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
AMADOU C. DIABATE,

Case No. 13-CV-0918 (PJS/JJK)

Plaintiff,
v.

ORDER

DELTA AIRLINE and TSA,
Defendants.

Amadou C. Diabate, pro se.
Ana H. Voss, UNITED STATES ATTORNEY’S OFFICE, for defendant TSA.
Plaintiff Amadou C. Diabate filed a complaint alleging, among other things, that
defendants “TSA” and “Delta Airline” damaged his property and discriminated against him on
the basis of race. In a Report and Recommendation (“R&R”) dated December 3, 2013,
Magistrate Judge Jeffrey J. Keyes recommended that each of Diabate’s claims be dismissed.
ECF No. 37. The Court overruled Diabate’s objection to the R&R, adopted Judge Keyes’s R&R,
and dismissed Diabate’s claims without prejudice. ECF No. 43.
Diabate now moves to “STAY, REINSTALL & Takes Judge Patrick J. Schiltz from my
Case because of his BIAS.” ECF No. 45 at 1 (sic throughout). That motion is denied for two
reasons. First, judgment has already been entered in this case. If Diabate disagrees with the
Court’s dismissal of his claims, he should appeal that ruling to the Eighth Circuit, not request
that the Court “reinstall” his complaint. Second, even if this case had not already been
dismissed, the undersigned would not recuse. The only evidence of bias that Diabate cites is that
the undersigned ruled against him. But “judicial rulings alone almost never constitute a valid

basis for a bias or partiality motion.” Liteky v. United States, 510 U.S. 540, 555 (1994). Every
time a party makes a motion, the judge must rule in favor of one party and against the other; that
does not mean that the judge is “biased” against the losing party.
Accordingly, Diabate’s motion is denied.
ORDER
Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS
HEREBY ORDERED THAT the motion of plaintiff Amadou C. Diabate [ECF No. 45] is
DENIED.
Dated: January 23, 2014

s/Patrick J. Schiltz
Patrick J. Schiltz
United States District Judge

-2-