Whitehead v. Netflix Inc. et al

Filing 10

ORDER: Plaintiff's amended motion (ECF 8) is denied for the same reasons stated in the Court's March 8, 2022, order. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. denying #8 Motion for Recusal.. (Signed by Judge Laura Taylor Swain on 3/18/22) (rdz) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DAVID LOUIS WHITEHEAD,
Plaintiff,

22-CV-0883 (LTS)

-against-

ORDER

NETFLIX INC., et al.,
Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:

On February 28, 2022, Plaintiff filed a motion for recusal (ECF 5), which the Court
denied on March 8, 2022 (ECF 7). On the same day he filed the motion, Plaintiff submitted an
amended motion for recusal (ECF 8), which was entered on the docket on March 11, 2022, after
the Court denied the original motion. Plaintiff appears to have submitted the amended motion to
indicate that the Court was appointed by former President Bill Clinton rather than President
Barack Obama. He otherwise makes the same arguments that he presented in the original motion.
The Court therefore denies the amended motion for the same reasons stated in the March 8,
2022, order.
CONCLUSION
Plaintiff’s amended motion (ECF 8) is denied for the same reasons stated in the Court’s
March 8, 2022, order.
The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would
not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an
appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant
demonstrates good faith when he seeks review of a nonfrivolous issue).

The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on
the docket.
SO ORDERED.
Dated:

March 18, 2022
New York, New York
/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge

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