Witham v. DEC New York State et al

Filing 23

ORDER denying 22 Motion to Recuse and Change Venue. Signed by District Judge Terrence W. Boyle on 8/30/2018. Copy sent to Judson Witham at 15215 Aiken Wake Forest, NC 27587 via US Mail. (Sellers, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:17-CV-171-BO
JUDSON WITHAM,
Plaintiff,
v.
NEW YORK STATE, et al.,
Defendants.

)
)
)
)
)
)
)

ORDER

This cause comes before the Court on plaintiffs pro se motion to recuse and change
venue [DE 22]. This motion follows this Court's previous order dismissing his case [DE 6] and
denying his motion to vacate [DE 21].
Plaintiff, proceedingpro se, originally filed his complaint on April 10, 2017. [DE 1]. This
Court dismissed his case on May 31, 2017, finding that he had failed to satisfy the minimum
notice standard articulated in Ashcroft v. Iqbal, 556 U.S. 662 (2009), and that the Court lacked
personal jurisdiction over the defendants. [DE 6]. Plaintiffs appeal was dismissed by the Fourth
Circuit [DE 16] and the Supreme Court denied his petition for writ of certiorari [DE 19].
Plaintiffs motion to vacate the dismissal pursuant to Federal Rule of Civil Procedure 60(b) was
denied by this Court on August 17, 2018. [DE 21]. Plaintiff has now filed the instant motion,
titled "Motion to Recuse and Change of Venue Continuing Fraud Upon The Court Demand For
En Banc Reconsideration." [DE 22].
Plaintiffs case is closed. His case was dismissed. The Fourth Circuit affirmed that
dismissal, and the Supreme Court declined to hear his appeal. His previous motion for relief
from the final judgment was denied. There is nothing left to say. Plaintiffs motion [DE 22] is
DENIED.

SO ORDERED,

this~ day of August, 2018.

~ll.of1TRRENCEW:B0YLE

UNITED STATES DISTRIC:: JUDGE

2