Richardson v. Superintendent of Piedmont Regional Jail

Filing 19

MEMORANDUM OPINION. Signed by District Judge Robert E. Payne on 3/4/14. (kyou, )(copy mailed to Pro Se party)

IN THE UNITED

STATES DISTRICT

COURT

FOR THE EASTERN DISTRICT OF VIRGINIA]

L_I_V

E

Richmond Division

MAR - 5 2014

GREGORY RICHARDSON,

CLc'r.K, U.S. DISTRICT COURT
RICHMOND, VA

Petitioner,
v.

Civil Action No.

SUPERINTENDENT

OF

3:13CV249

PIEDMONT

REGIONAL JAIL,

Respondent.

MEMORANDUM OPINION

Gregory Richardson,
submitted

this

action.

a Virginia

detainee

Richardson

had

amassed

history of

frivolous and abusive litigation.

Va.

of

Dep't

2008).

2014,

By

the

comply

Corr.,

with

11-12.)
a

RECONSIDER,

STAY,

of

the

1-7

Order

(E.D.

entered

Va.

on

Richardson's

action

Richardson's

On January 23,

"MOTION

TO

CERTIFY,

2014,

VACATE,
RECUSAL."

In the Motion,
undersigned

No.

Richardson seeks,
and

the

13

3,

to

injunction.

received from

PROTECTIVE,
(ECF

9,

failing

for

the Court

Dec.

January

pre-filing

of

extensive

See Richardson v.

terms

the

"the Motion").)

and

at

an

dismissed

Richardson

recusal

3:07CV514,

Memorandum Opinion

Court

(ECF Nos.

No.

proceeding pro se,

MOTION

TO

(hereinafter

inter alia,

reconsideration

the

of

the

Nor

has

Memorandum Opinion and Order entered on January 3, 2014.
The

Court

harbors

no

bias

against

Richardson.

Richardson demonstrated any circumstances where the impartiality

of

the

undersigned

U.S.C.
will

§ 455.l

be

Procedure

59(e):

trial;

manifest

130

Court

"(1)

law;

or

(2)

reasonably

questioned.

Richardson's

request

(3)

to

1993)
1406,

of Appeals

to

accommodate

account

correct

for

a

clear

Hutchinson v.

F.R.D.

(D. Md.

625,

626

1991);

(S.D.

an

new

See

the

Fourth

of

Corp.

v.

change

not

law

994

Atkins v.

Miss.

Rule of Civil

evidence

error

Circuit

any

other provision of

law.

or

prevent

F.2d 1076,

Koppers

1081

Co.,

for

Richardson

reconsideration will be denied.

Richardson's

fails

Any

justice,

judge,

or

magistrate

judge

of

the

United
States
shall
disqualify
himself
in
any
proceeding in which his impartiality might reasonably
be questioned.

(b)

He shall also disqualify himself in the

following

circumstances:

(1)
Where
he
has
a personal
bias
or prejudice
concerning
a
party,
or
personal
knowledge
of
disputed
evidentiary
facts
concerning
the
proceeding ....
U.S.C.

§

455.

or

request

1 The statute provides, in relevant part
(a)

771

Marathon LeTourneau

1990)).

Accordingly,

in

available

to demonstrate any basis for granting relief under Rule 59(e)

28

28

for recusal

intervening

Staton,

(citing Weyerhaeuser
1419

for

for relief under Federal

to

injustice."

(4th Cir.
Supp.

States

three grounds

controlling

Co.,

Accordingly,

United

recognizes

F.

be

denied.

The

at

might

Furthermore, Richardson fails to demonstrate any basis for
relief

based

Accordingly,

on

the

the

other

Motion

(ECF

allegations

No.

13)

in

will

be

the

Motion.

denied.

A

certificate of appealability will be denied.
The Clerk

is directed to

send a copy

of this Memorandum

Opinion to Richardson.

/s/
Robert E. Payne

MJL

Senior United States District Judge

Richmond, Virginia

Date:

March CJ*_, 2014