Siers v. Seiler et al
ORDER denying 3 Motion for Recusal. Signed by U.S. District Judge Karen E. Schreier on 4/6/2017. (JLS)
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
RANDOLPH J. SEILER, KIRK W.
ALBERTSON, TIM M. MAHER,
RICHARD KUMLEY, GERALD DILLION,
GILBERT MORRISON, KELSEY RUBY,
UNKNOWN FEDERAL PROSECUTOR,
MOTION FOR RECUSAL
Plaintiff, Donovan Siers, is an inmate at the Hughes County Jail in
Pierre, South Dakota. Plaintiff filed a pro se lawsuit under Bivens v. Six
Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971).
Doc. 1. Siers now moves the court to recuse itself. The decision to recuse is
committed to “the sound discretion of the district court . . . .” Moran v. Clarke,
296 F.3d 638, 648 (8th Cir. 2002) (citing In re Kansas Pub. Employees
Retirement Sys., 85 F.3d 1353, 1358 (8th Cir. 1996)). “A judge ‘shall disqualify
[herself] in any proceeding in which [her] impartiality might reasonably be
questioned.’ ” Id. (quoting 28 U.S.C. § 455(a)). The court has considered the
motion. Plaintiff fails to set forth adequate grounds to require recusal.
Therefore, Siers’ motion is denied.
The Prison Litigation Reform Act, 28 U.S.C. § 1915(g) states:
In no event shall a prisoner bring a civil action or appeal a
judgment in a civil action or proceeding under this section if the
prisoner has, on 3 or more prior occasions, while incarcerated or
detained in any facility, brought an action or appeal in a court of
the United States that was dismissed on the grounds that it is
frivolous, malicious, or fails to state a claim upon which relief may
be granted, unless the prisoner is under imminent danger of
serious physical injury.
Siers is barred by § 1915(g) and has been warned twice. Siers v.
Gilbertson et al, 4:14-cv-04035-KES, Docket 15 at 5; Siers v. Daugaard, 4:14cv-04034-KES, Docket 16 at 5.
Thus, it is ORDERED
1. Siers’ motion for recusal (Docket 3) is denied.
2. Siers must either pay his full filing fee or file a motion to proceed in
forma pauperis and explain how he is “under imminent danger of
serious physical injury” by May 5, 2017. If he fails to do this, his
complaint will be dismissed without further notice.
Dated April 6, 2017.
BY THE COURT:
/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE
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