Robinson v. Buffalo County et al

Filing 4

ORDER - This matter is before the Court on the Court's own motion. On November 15, 2023, Plaintiff Kirk D. Robinson named the undersigned as a defendant in his amended complaint in Case No. 8:23CV452, Filing No. 6, and the undersigned has r ecused himself in that matter pursuant to 28 U.S.C. § 455(b)(5), which provides that any judge of the United States "shall... disqualify himself... [where] [h]e... [i]s a party to the proceeding...." Filing No. 8, Case No. 8:23CV452 . Robinson also filed essentially identical "Motion[s] for a Change of Venue" in several of his cases1 alleging that he cannot get a fair and unbiased hearing in this Court based, in part, on his pending action against the undersigned. U nder these circumstances and because his impartiality might reasonably be questioned, the undersigned shall, and hereby does, recuse himself from the above designated case pursuant to 28 U.S.C. § 455(a). Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (JES)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA KIRK D. ROBINSON, Plaintiff, 8:24CV243 vs. ORDER BUFFALO COUNTY, Political Subdivision, in thier official capacity; CITY OF KEARNEY, Political Entity in Buffalo County, in their official capacity; SHAWN EATHERTON, in their individual and official capacity; KARI FISK, in their individual and official capacity; BRANDON BRUEGGEMANN, Deputy sheriff for Buffalo County, NE; R. ANTHONY CORDOVA, Police Detective for the city of Kearney, NE; and RYAN CARSON, District Judge, Buffalo County, NE; Defendants. This matter is before the Court on the Court’s own motion. On November 15, 2023, Plaintiff Kirk D. Robinson named the undersigned as a defendant in his amended complaint in Case No. 8:23CV452, Filing No. 6, and the undersigned has recused himself in that matter pursuant to 28 U.S.C. § 455(b)(5), which provides that any judge of the United States “shall . . . disqualify himself . . . [where] [h]e . . . [i]s a party to the proceeding . . . .” Filing No. 8, Case No. 8:23CV452. Robinson also filed essentially identical “Motion[s] for a Change of Venue” in several of his cases 1 alleging that he cannot get a fair and unbiased hearing in this Court based, in part, on his pending action against the undersigned. 1 Under these circumstances and because his See Filing No. 41, Case No. 8:22CV151; Filing No. 19, Case No. 8:22CV398; Filing No. 25, Case No. 8:23CV137; Filing No. 10, Case No. 8:23CV418; Filing No. 10, Case No. 8:23CV451; Filing No. 7, Case No. 8:23CV452; Filing No. 6, Case No. 8:23CV486. impartiality might reasonably be questioned, the undersigned shall, and hereby does, recuse himself from the above-designated case pursuant to 28 U.S.C. § 455(a). SO ORDERED. Dated this 3rd day of July, 2024. BY THE COURT: Joseph F. Bataillon Senior United States District Judge 2

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