White v. Old Republic National Title Insurance et al
Filing
30
MEMORANDUM OPINION AND ORDER denying Plaintiff's 21 MOTION for Recusal of Magistrate Judge R. Clarke VanDervort. Signed by Senior Judge David A. Faber on 1/16/2015. (cc: Plaintiff, Pro Se and all counsel of record) (arb)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
AT BLUEFIELD
KENNETH A. WHITE,
Plaintiff,
v.
CIVIL CASE NO. 1:12-07965
OLD REPUBLIC NATIONAL
TITLE INSURANCE, et al.
Defendants.
MEMORANDUM OPINION AND ORDER
Pending before the court is plaintiff’s motion for recusal
of Magistrate Judge R. Clarke VanDervort.
(Doc. No. 21).
Under
28 U.S.C. § 144, recusal of a judge is appropriate where the
party seeking recusal files a timely and sufficient affidavit
stating the judge has a personal bias or prejudice against
either the affiant or in favor or any adverse party.
The
affidavit must allege a personal bias from an extrajudicial
source.
See Sine v. Local No. 992 Int’l Brotherhood of
Teamsters, 882 F.2d 913, 914 (4th Cir. 1989).
Under 28 U.S.C. § 455, recusal is appropriate “if a person
with knowledge of the relevant facts might reasonably question
[a judge’s] impartiality.”
658, 665 (4th Cir. 2003).
United States v. Cherry, 330 F.3d
On appeal, recusal decisions are
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reviewed under an abuse of discretion standard.
United States
v. Carmichael, 726 F.2d 158, 162 (4th Cir. 1984).
Plaintiff contends that Magistrate Judge VanDervort
purposely failed to investigate plaintiff’s background and
intentionally falsely depicted his prior civil actions as
related in a Proposed Report and Recommendation filed in another
case.
(Doc. No. 21 at 1).
Plaintiff further contends that
Magistrate Judge VanDervort failed to take steps to correct
these errors after plaintiff submitted objections to the
Proposed Report and Recommendation.
As a result, plaintiff
concludes that Magistrate Judge VanDervort cannot remain
impartial or unbiased against him.
(Doc. No. 21 at 2).
Recusal is unwarranted under either statute.
There is
nothing in the record that would cause an individual to question
reasonably the impartiality of Magistrate Judge VanDervort.
Furthermore, plaintiff does not allege that Magistrate Judge
VanDervort has a personal bias based on an extrajudicial source.
As a result, the court finds no need to recuse Magistrate Judge
VanDervort.
Accordingly, plaintiff’s motion is DENIED.
The Clerk is further directed to forward a copy of this
Memorandum Opinion and Order to plaintiff, pro se, and all
counsel of record.
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It is SO ORDERED this 16th day of January, 2015.
ENTER:
David A. Faber
Senior United States District Judge
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