Dimitric v. Texas Workforce Commission et al

Filing 88

ORDER OF RECUSAL - I STAND RECUSED only from ruling on 76 Pla's Motion to Subpoena Documents and Material Things. It is furthe ORDERED that 76 Pla's Motion to Subpoena Documents and Material Things is RETURNED to the Hon. Lee H Rosenthal, US District Judge, for disposition.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )

Dimitric v. Texas Workforce Commission et al

Doc. 88

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION RADOSLAV DIMITRIC § § VS. § § TEXAS WORKFORCE COMMISSION, § TEXAS A&M UNIVERSITY, GALVESTON §

CIVIL ACTION NO. G-07-247

ORDER OF RECUSAL On June 16, 2008, Plaintiff, Radoslav Dimitric, filed a "Motion to Subpoena Documents and Material Things" from the Galveston AIDS Foundation. The Galveston AIDS Foundation is a private non-profit organization which exists to help those citizens of Brazoria, Galveston, and Matagorda Counties who suffer from HIV and AIDS. My wife, Pamela S. Froeschner, is a volunteer board member of the Galveston AIDS Foundation. The instant Motion is a not-to-thinly-veiled attack on my ability to serve as an impartial Judge in this case and I, therefore, must, and do, take this matter very seriously. Nevertheless, despite Dimitric's challenge, after a thorough self-evaluation, I have concluded that "the average person on the street" would not reasonably question my impartiality in the handling of this case to date. Cf. Potashnick v. Port City Const. Co., 609 F.2d 1101, 1111 (5th Cir. 1980), see also United States v. Grinnell, 384 U.S. 563, 583 (1966) (Judicial rulings alone almost never provide sufficient basis for a bias or partiality motion.) However, given the substance of Dimitric's instant Motion, I feel it would be appropriate to recuse myself from its consideration. I, therefore, STAND RECUSED only from ruling on "Plaintiff's Motion to Subpoena Documents and Material Things" from the Galveston AIDS Foundation.

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It is, therefore, ORDERED that "Plaintiff's Motion to Subpoena Documents and Material Things" from the Galveston AIDS Foundation (Instrument no. 76) is RETURNED to the Honorable Lee H. Rosenthal, United States District Judge, for disposition. DONE at Galveston, Texas, this 25th day of June, 2008.

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