USA v. Williams et al

Filing 28

ORDER denying #27 Motion to Recuse and Void Order. Signed by Chief Judge Frank D. Whitney on 10/3/2016. (Pro se litigant served by US Mail.)(chh)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:15-cv-00312-FDW-DSC
UNITED STATES OF AMERICA,

)
)
Plaintiff,
)
)
vs.
)
)
CARL
MICHAEL
WILLIAMS, )
OLAMINA, LLC., BRIGHTER DAY, )
LLC., and ARKA ISRA,
)
)
Defendants.
)
)

ORDER

THIS MATTER is before the Court on Defendant Arka Isra’s (“Defendant”) Motion to
Recuse and Void Order Granting Defendant’s Motion for Summary Judgment filed on September
23, 2016. (Doc. No. 27). Defendant’s motion was filed seven months after this Court entered a
Default Judgment (Doc. No. 19) on January 21, 2016, and five months after the United States
Court of Appeals for the Fourth Circuit dismissed Defendant’s Appeal of this Court’s Order for
failure to prosecute. (Doc. No. 26).
Having considered Defendant’s motion, pleadings and the case file, the Court DENIES
Defendant’s motion. Defendant’s arguments do not meet the requirements for a relief of judgment
pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. Fed. R. Civ. P. 60(b). Section
455(a) of Title 28 of the United States Code requires a federal judge to “disqualify himself in any
proceeding in which his impartiality might reasonably be questioned.” No such circumstances
exist in the instant case.
Defendants’ Motion (Doc. No. 27) is DENIED.
Signed: October 3, 2016