Blakely v. State of Mississippi et al

Filing 19

ORDER denying Plaintiff's 18 Motion for Recusal. Signed by Magistrate Judge Michael T. Parker on March 14, 2012. (Cochran, Ronald)

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IN THE UNITED STATE DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION HAROLD J. BLAKELY PLAINTIFF v. CIVIL ACTION NO. 2:11cv148-KS-MTP STATE OF MISSISSIPPI, et al. DEFENDANTS ORDER Presently before the Court is Plaintiff’s [18] Motion for Recusal, and the Court having considered the motion finds that it should be denied. Plaintiff’s motion expresses dissatisfaction with a ruling in this case, specifically an [12] Order entered January 6, 2012 that, in part, denied his request to amend his complaint. It appears that Plaintiff is still attempting to have this cause of action assigned to another judge. Dissatisfaction with a court ruling is insufficient to support an allegation of bias or a basis for recusal pursuant to 28 U.S.C. §§ 144 or 455. See United States v. MMR Corp., 954 F.2d 1040, 1045 (5th Cir. 1992) (“[A]dverse rulings in a case are not an adequate basis for demanding recusal.”) (citations omitted). Accordingly, IT IS ORDERED: Plaintiff’s [18] Motion for Recusal is DENIED. SO ORDERED this the 14th day of March, 2012. s/Michael T. Parker United States Magistrate Judge

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