Devine v. United States of America et al

Filing 25

OPINION AND ORDER: However, Plaintiff has had multiple opportunities to challenge the propriety of this ruling, including at a hearing before me, and his challenge was found to be without merit. In any event, disagreement with a ruling does not provide a ground for recusal. Accordingly, Plaintiffs objection is overruled. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/19/2012) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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R. Devine,
12 Civ. 2236 (ALC) (DF)

Plaintiff,

OPINION & ORDER

-againstUnited States of America, acting by and through the
Department of Treasury-Internal Revenue Service, the
Social Security Administration, and Comerica Bank,
X
Defendants.

USDC' SO:"iY
DOCC~lE!\T

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E L [C T RON I C ALLY FILED
VOC

ANDREW L. CARTER, JR., District Judge:

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DATE BLED:

0..1.0- \'2.

Currently before the Court is an objection by plaintiffR. Devine ("Plaintiff'), dated July
27,2012 (Dkt. 18). Plaintiff objects to an order by Magistrate Judge Freeman denying his
motion for recusal under 28 U.S.C. § 455 and ordering him to produce his Social Security
Number to Defendants' counsel (Dkt. 16). I have read Plaintiffs submission, and his objection
is baseless. Plaintiff does not argue or provide any facts that show that Judge Freeman or
defense counsel's impartiality could reasonably be questioned in this case. See U.S. v. Bayless,
201 FJd 116, 127 (2d Cir. 2000). The thrust of Plaintiff s complaint is that he disagrees with
Judge Freeman's order requiring him to submit his Social Security Number, which he states was
done without proper notice to him. However, Plaintiff has had multiple opportunities to
challenge the propriety of this ruling, including at a hearing before me, and his challenge was
found to be without merit. In any event, disagreement with a ruling does not provide a ground
for recusaL Accordingly, Plaintiffs objection is overruled.

SO ORDERED.

Dated:

New York, New York

September 19,2012

ANDREW L CARTER, JR.
United States District Judge