Gard v. Dooley et al

Filing 17

ORDER denying 16 Motion for Recusal. Signed by US Magistrate Judge Veronica L. Duffy on 6/29/2015. (CG)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
REX GARD,

4:14-CV-04183-LLP
Plaintiff,
ORDER DENYING
MOTION FOR RECUSAL

vs.
BOB DOOLEY, CHIEF WARDEN,
INDIVIDUAL AND OFFICIAL CAPACITY;
JENIFER STANWICK, DEPUTY
WARDEN, INDIVIDUAL AND OFFICIAL
CAPACITY; REBECCA SCHIEFFER,
ASSOCIATE WARDEN, INDIVIDUAL
AND OFFICIAL CAPACITY; SUSAN
JACOBS, ASSOCIATE WARDEN,
OFFICIAL AND INDIVIDUAL CAPACITY;
TAMMY DEJONG, UNIT STAFF,
OFFICIAL AND INDIVIDUAL CAPACITY;
AND OTHER DOC STAFF, UNKNOWN
AT THIS TIME, INDIVIDUAL AND
OFFICIAL CAPACITIES;
Defendants.

This matter is before the court on plaintiff Rex Gard’s pro se complaint.
Mr. Gard now moves this court to recuse itself on the grounds that the court
previously recused itself in Gard v. Weber, Civ. No. 10-5017.
Mr. Gard’s prior lawsuit in Civ. No. 10-5017 was a petition for a writ of
habeas corpus. In that petition, Mr. Gard was seeking a writ of habeas corpus
in federal court on the grounds that his state court criminal conviction had
violated his constitutional rights. This court recused itself in that matter
because the court had knowledge of some facts regarding Mr. Gard’s

underlying state criminal case. The recusal was based on knowledge of the
facts of the claim rather than anything personal to Mr. Gard himself.
Mr. Gard’s other cases now pending in federal court do not involve the
facts of his underlying conviction in state court. Rather, these pending matters
involve allegations regarding the current circumstances of Mr. Gard’s
confinement in state prison. This court has no prior knowledge of those prison
conditions. Hence the reason which existed for this court’s prior recusal from
Mr. Gard’s habeas case does not exist in his present pending cases.
Accordingly, it is hereby
ORDERED that Mr. Gard’s motion to recuse is denied.
DATED this 29th day of June, 2015.
BY THE COURT:

VERONICA L. DUFFY
United States Magistrate Judge

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