Miller v. NationStar Mortgage, LLC

Filing 25

ORDER denying 24 Notice of Disqualification. So Ordered by Judge Steven J. McAuliffe.(vln)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Marie Luise Miller
v.

Civil No. 11-cv-180-SM

NationStar Mortgage,
LLC, et al
NOTICE OF RULING
Re: Document No. 24, Notice of Disqualification
Ruling: To the extent the "notice" is meant as a motion to
disqualify, it is denied as it fails to identify any facts that might
give

rise

to

a

reasonable

question

about

the

undersigned's

impartiality in this case by a reasonable person fully informed of
the pertinent circumstances. To the extent plaintiff claims some
association with previous defendants in a high profile case in this
court, the implication of some appearance of bias by the undersigned
based upon such an association (whatever it might be) is both
unsupported

and highly tenuous speculation - providing

no grounds

upon which a disqualifying appearance of impartiality might rest.
See In re Martinez-Catala, 129 F.3d 213 (1st Cir. 1997); 28 U.S.C.
Section 455(a).

None of the bases for disqualification described

in 28 U.S.C. Section 455(b) apply.

And, plaintiff has not complied

with the process required in 28 U.S.C. Section 144.

Motion denied.

So ordered.
September 4, 2012

cc:

Marie Luise Miller
Kurt R. McHugh, Esq.
George A. Karambelas, Esq.

___________________________
Steven J. McAuliffe
United States District Court