Moon v. Doerge et al

Filing 9

MEMORANDUM AND ORDER re: 8 MOTION to Disqualify Judge filed by Plaintiff Darnell Wesly Moon motion is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 11/24/15. (MRS)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION DARNELL WESLY MOON, Plaintiff, v. CHARLES H. DOERGE, V, et al., Defendants. ) ) ) ) ) ) ) ) ) No. 1:15CV142 SNLJ MEMORANDUM AND ORDER This matter is before the Court on plaintiff=s Amotion for recusal.@ Plaintiff asks the Court to recuse itself from this matter because the Court has previously denied plaintiff=s motions and dismissed his case. Plaintiff offers no other basis for showing that the Court has failed to treat his cases with impartiality. A judge Ashall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.@ 28 U.S.C. ' 455(a); Moran v. Clarke, 296 F.3d 638, 648 (8th Cir. 2002). When a judge Ahas a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding@ he must recuse himself. 28 U.S.C. ' 455(b)(1). AThis restriction is intended to >promote public confidence in the integrity of the judicial process.=@ Moran, 296 F.3d at 648 (quoting Liljeberg v. Health Servs. Acquisition Corp., 486 U.S. 847, 859-60 (1988)). AWhether a judge actually has a bias, or actually knows of grounds requiring recusal is irrelevantBsection 455(a) sets an objective standard that does not require scienter.@ Id. (citations omitted). A[The issue is framed] as >whether the judge=s impartiality might reasonably be questioned by the average person on the street who knows all the relevant facts of a case.=@ Id. (quoting In re Kansas Pub. Employees Retirement Sys., 85 F.3d 1353, 1358 (8th Cir. 1996)). However, A>[a]n unfavorable judicial ruling . . . does not raise an inference of bias or require the trial judge=s recusal.=@ Id. (quoting Harris v. Missouri, 960 F.2d 738, 740 (8th Cir.1992)). AAbsent a factual showing of a reasonable basis for questioning his or her impartiality, or allegations of facts establishing other disqualifying circumstances, a judge should participate in cases assigned. Conclusory statements are of no effect. Nor are counsel=s unsupported beliefs and assumptions. Frivolous and improperly based suggestions that a judge recuse should be firmly declined.@ Maier v. Orr, 758 F.2d 1578, 1583 (9th Cir. 1985). Plaintiff=s motion for recusal is frivolous. Plaintiff=s allegations regarding the Court=s bias are conclusory and are not supported by any facts. As a result, the motion will be denied. Accordingly, IT IS HEREBY ORDERED that plaintiff=s Amotion for recusal@ [#8] is DENIED. Dated this 24th day of November, 2015. STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE 2

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