Twine v. United States of America
Filing
13
ORDER denying 8 Motion to Compel Recusal - For the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, Petitioner's recusal motion is denied. The court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be take n in good faith and therefore in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Petitioner's request that he be provided with a copy of the Docket Sheet in this ca se is granted. The Clerk of the Court is directed to mail a copy of this Electronic Order, the Attached Written Summary Order and a copy of the docket sheet in this case to pro se Petitioner. SO ORDERED by Judge Dora Lizette Irizarry on 7/18/2012. (Irizarry, Dora)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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SYLVESTER TWINE, pro se,
:
:
Petitioner,
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-against:
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UNITED STATES OF AMERICA,
:
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Respondent.
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:
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DORA L. IRIZARRY, U.S. District Judge:
SUMMARY ORDER
12-CV-227 (DLI)
By petition filed January 13, 2012, pro se petitioner Sylvester Twine (“Petitioner”) seeks
a writ of habeas corpus pursuant to 28 U.S.C. § 2255 (“Section 2255”). Petitioner now moves
this court to recuse itself from hearing or ruling on Petitioner’s Section 2255 petition. (See Mot.
to Compel Resp. to Pet’r’s Mot. to Recuse (“Pet’r’s Mot.”), Doc. Entry No. 8.) Petitioner also
requests a copy of the docket sheet of his Section 2255 petition. (Id.) For the reasons set forth
below, Petitioner’s motion to compel this court to recuse itself is denied. However, Petitioner’s
docket sheet request is granted.
I.
Legal Standard
The court is mindful that pro se submissions, “however inartfully pleaded, must be held
to less stringent standards than formal pleadings drafted by lawyers.” Erickson v. Pardus, 551
U.S. 89, 94 (2007). Thus, the court interprets the motion “to raise the strongest arguments that
[it] suggest[s].” Triestman v. Fed. Bureau of Prisons, 470 F. 3d 471, 474 (2d Cir. 2006)
(emphasis omitted). In liberally construing Petitioner’s motion, it appears he moves to disqualify
this court from ruling on his Section 2255 petition pursuant to 28 U.S.C. § 455 (a) which
provides that “[a]ny justice, judge, or magistrate judge of the United States shall disqualify
himself in any proceeding in which his impartiality might reasonably be questioned.” The
Second Circuit has stated that, in evaluating a motion for recusal, the court must ask the
following question: “[w]ould a reasonable person, knowing all the facts, conclude that the trial
judge’s impartiality could reasonably be questioned? Or phrased differently, would an objective,
disinterested observer fully informed of the underlying facts, entertain significant doubt that
justice would be done absent recusal?” United States v. Amico, 486 F. 3d 764, 775 (2d Cir. 2007)
(internal citations omitted).
II.
Discussion
In light of Petitioner’s pro se status, this court has thoroughly reviewed the entirety of
Petitioner’s Section 2255 motions for any indication of why Petitioner concludes the court
should recuse itself. Despite this careful review, the court finds that Petitioner has not alleged
one fact, or articulated one reason, as to why this court’s impartiality could reasonably be
questioned. (See generally Doc. Entry Nos. 1, 6, 7, 8, 9.) Instead, Petitioner simply provides
citations to two cases and asserts they constitute “direct authority” for his motion. (See Pet’r’s
Mot. (citing Hudson v. Parker, 156 U.S. 277, 288 (1895) and Apple v. Jewish Hosp. and Medical
Center, 829 F. 2d 326, 333 (2d Cir. 1987).)
Neither case cited by Petitioner provides support for his recusal motion. In Hudson, the
petitioner sought a writ of mandamus to compel the district court to approve his request to be
released on bond pending the outcome of his appeal. See Hudson, 156 U.S. at 277-78. As such,
the issue in Hudson was whether the district court could be compelled to act where it refused to
approve the bond request. See id. at 289. Hudson does not address recusal motions and,
accordingly, is inapposite.
Apple does address recusal motions; particularly the timeliness
requirements of recusal motions. See Apple, 829 F. 2d at 333-34. However, Apple lends no
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support to the instant motion where, as here, Petitioner fails to set forth any facts whereby an
objective party could conclude that this court’s impartiality might reasonably be questioned. Id.
at 333 (“[T]he substantive standard for recusal is whether a reasonable person, knowing all the
facts, would conclude that the court’s impartiality might reasonably be questioned.”).
Here, Petitioner simply fails to allege a single fact, either in the instant recusal motion, or
elsewhere in his Section 2255 petition, which might reasonably question this court’s impartiality.
Moreover, this court has no reservation whatsoever that it can rule on Petitioner’s Section 2255
petition fairly and impartially. Accordingly, Petitioner’s motion to compel this court to recuse
itself from ruling on his Section 2255 petition is denied.
III.
Conclusion
For the foregoing reasons, Petitioner’s recusal motion is denied. The court certifies
pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and
therefore in forma pauperis status is denied for purpose of an appeal. Coppedge v. United States,
369 U.S. 438, 444-45 (1962). The Clerk of the Court is directed to mail a copy of this Order
and a copy of the docket sheet in this case to Petitioner.
SO ORDERED.
Dated: Brooklyn, New York
July 18, 2012
_______________/s/_____________
DORA L. IRIZARRY
United States District Judge
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