REARDON v. SEGAL et al

Filing 63

MEMORANDUM OPINION & ORDER Denying 59 Motion for Default Judgment ; Denying 59 Motion for Recusal. Signed by Judge Noel L. Hillman on 4/25/17. (js)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

JOHN E. REARDON,
Plaintiff,

CIVIL NO. 15-244(NLH/JS)

v.
MEMORANDUM OPINION & ORDER
VINCENT SEGAL, et al.,
Defendants.

Appearances:
JOHN E. REARDON
1 JOANS LANE
BERLIN, NJ 08009
Pro Se Plaintiff
BENJAMIN HENRY ZIEMAN
STATE OF NEW JERSEY
OFFICE OF THE ATTORNEY GENERAL
DIVISION OF LAW
25 MARKET STREET
P.O. BOX 116
TRENTON, NJ 08625
Attorney for Defendants
HILLMAN, District Judge
This matter has come before the Court on Plaintiff’s motion
for recusal and for default judgment [59]; and
Plaintiff requests this Court’s recusal in this matter
because the Court has deliberately denied his request for default
judgment against the defendants; and
On March 21, 2016 and August 11, 2016, the Court denied
Plaintiff’s motions for default judgment because he by-passed the
first step in the default judgment process, which is to first

obtain a Clerk’s entry of default, see Docket No. 42, 51 and
Federal Civil Procedure Rule 55; and
To date, Plaintiff has still not obtained a Clerk’s entry of
default as to any defendant, which precludes this Court from
considering an application by Plaintiff for default judgment; and
Under 28 U.S.C. § 455(a), “any justice, judge or magistrate
[judge] of the United States shall disqualify himself in any
proceeding in which his impartiality might reasonably be
questioned,” and this section requires judicial recusal “if a
reasonable person, knowing all the circumstances, would expect
that the judge would have actual knowledge” of his interest or
bias in a case, Liljeberg v. Health Services Acquisition Corp.,
486 U.S. 847, 860 (1988); In re Kensington Intern. Ltd., 368 F.3d
289, 301 (3d Cir. 2004); and
The Court finding that Plaintiff’s basis for recusal has no
merit;
Therefore,
IT IS on this

25th

day of

April

, 2017

ORDERED that Plaintiff’s motion for recusal and the entry of
default judgment [59] be, the same hereby is, DENIED.

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

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