Valentine v. Brown et al
ORDER that Plaintiff's Motion (Filing No. 106 in Case No. 8:16CV131; Filing No. 107 in Case No. 8:16CV174) is denied. Ordered by Magistrate Judge Michael D. Nelson. (Copy mailed to pro se party) (ADB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LISA VILLWOK, #1764; and JENNIFER
This matter is before the Court on Plaintiff’s Motion filed on August 29, 2017, requesting
that the undersigned magistrate judge recuse himself in this matter. (Filing No. 106 in Case No.
8:16CV131; Filing No. 107 in Case No. 8:16CV174). “A party introducing a motion to recuse
carries a heavy burden of proof; a judge is presumed to be impartial and the party seeking
disqualification bears the substantial burden of proving otherwise.” In re Steward, 828 F.3d 672,
682 (8th Cir. 2016) (quoting Fletcher v. Conoco Pipe Line Co., 323 F.3d 661, 664 (8th Cir.
2003)). Having reviewed Plaintiff’s motion, the undersigned magistrate judge finds no basis
upon which he should recuse himself in this matter. See 28 U.S.C. § 455(a). Accordingly,
IT IS ORDERED: Plaintiff’s Motion (Filing No. 106 in Case No. 8:16CV131; Filing
No. 107 in Case No. 8:16CV174) is denied.
Dated this 30th day of August, 2017.
BY THE COURT:
s/ Michael D. Nelson
United States Magistrate Judge
A party may object to a magistrate judge’s order by filing an objection within fourteen
(14) days after being served with a copy of the order. See NECivR 72.2(a). Failure to timely
object may constitute a waiver of any objection.
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