Buttercase v. Frakes
MEMORANDUM AND ORDER - that the clerk's office shall randomly assign a new judge to this case and request a reassignment order from the Chief Judge. The chief pro se staff attorney will assist the judge to whom the case is reassigned if requested to do so. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOSEPH JUAN BUTTERCASE,
MEMORANDUM AND ORDER
SCOTT R. FRAKES, Director, Nebraska
Department of Correctional Services;
This matter is before me on my own motion. Plaintiff recently filed a civil
Complaint in Case No. 8:21CV435 naming counsel for Respondent, Erin
Tangeman, as the Defendant. The Complaint contains allegations accusing me of
conspiring and colluding with Ms. Tangeman to deprive Plaintiff of his
constitutional rights in the course of these federal habeas proceedings. (See Filing
1, Case No. 8:21CV435.) Though I am not named as a defendant, my impartiality
might reasonably be questioned in this matter because of the allegations levied
against me by Plaintiff in Case No. 8:21CV435, and I am disqualifying myself
pursuant to 28 U.S.C. § 455(a).1
IT IS THEREFORE ORDERED that the clerk’s office shall randomly assign
a new judge to this case and request a reassignment order from the Chief Judge.
The chief pro se staff attorney will assist the judge to whom the case is reassigned
if requested to do so.
I am also disqualifying myself in Case No. 8:21CV435 for the same reasons.
Dated this 18th day of November, 2021.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge
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