Alston v. Mississippi Department of Transportation

Filing 134

ORDER denying 103 Motion for Recusal ; denying 122 Motion for Leave to File. Signed by District Judge Debra M. Brown on 10/19/18. (tab)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
JASON D. ALSTON

PLAINTIFF

V.

NO. 4:16-CV-236-DMB-JMV

MISSISSIPPI DEPARTMENT OF
TRANSPORTATION

DEFENDANT
ORDER

On May 31, 2018, Jason Alston filed a motion asking that the undersigned recuse herself
from this case. Doc. #103. On July 10, 2018, Alston filed a motion for leave to file a motion for
summary judgment approximately seven months after the dispositive motions deadline set by
United States Magistrate Judge Jane M. Virden. Doc. #122.
In a separate case filed by Alston, this Court previously considered, and rejected, the
grounds for recusal stated in Alston’s motion. See Alston v. Prairie Farms Dairy, Inc., No. 4:16cv-245, at Doc. #147 (N.D. Miss. Sep. 28, 2018). For the same reasons articulated in that order,
Alston’s motion for recusal [103] is DENIED. Alston’s motion for leave [122] is DENIED
because his motion, which states no grounds for the requested relief, fails to establish that his
failure to file the motion for summary judgment on or before the deadline was caused by excusable
neglect. See Fed. R. Civ. P. 6(b).
SO ORDERED, this 19th day of October, 2018.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE