Swift v. Cohart et al

Filing 46

ORDER denying 45 Motion for Recusal. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHARLES SWIFT,
Plaintiff,

8:14-CV-243

vs.
ORDER
RICHARD KYLER,
Defendant.
This matter is before the Court on the plaintiff's filing of May 4, 2015
(filing 45), which the Court has construed as a motion for the undersigned
judge's recusal. Any justice, judge, or magistrate judge of the United States
shall disqualify himself in any proceeding in which his impartiality might
reasonably be questioned. 28 U.S.C. § 455(a).
The plaintiff has accused the undersigned of prejudice. But when a
party seeks to establish bias or prejudice from court conduct, the party must
show that the judge had a disposition so extreme as to display clear inability
to render fair judgment. United States v. Melton, 738 F.3d 903, 905 (8th Cir.
2013).
The plaintiff has not carried his burden here. See id. Accordingly, his
motion for recusal is denied.
IT IS SO ORDERED.
Dated this 5th day of May, 2015.
BY THE COURT:

John M. Gerrard
United States District Judge