EAGLES POINT VENTURES, LLC
v.
PERRY
This matter comes before the Court upon Defendant’s motion for recusal.1 [Doc. 11]. In the motion, Defendant states only that the undersigned should recuse herself. See id. No explanation is provided. The Court, having considered the motion and being fully advised in the premises, will deny Defendant’s motion for recusal.
Pursuant to 28 U.S.C. § 455(a) “[a]ny justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” The grounds for disqualifying a judge must be evaluated objectively–the standard is whether a reasonable person, with knowledge and understanding of all the relevant facts, would conclude that the judge’s impartiality might reasonably be questioned. Christo v. Padgett, 223 F. 3d 1324, 1333 (11th Cir. 2000). To satisfy the requirements of Section 455, a movant “must offer facts, and not merely allegations, that evidence partiality.” Strickland v. Chase Bank USA Nat. Ass’n, 2010 WL 298798, at *2 (N.D. Ga. Jan. 19, 2010); United States v. Cerceda, 188 F. 3d
Judicial rulings and routine trial administration efforts are insufficient to require a judge’s recusal. Strickland,2010 WL 298798, at *1. Here, Defendant has offered no reason warranting recusal of the undersigned and has not otherwise satisfied the requirements of Section 455(a).
Accordingly, itis hereby ORDERED: 1. Defendant’s motion for recusal is denied. DONE AND ORDERED in Tampa, Florida on June 19,2020. Chak ie Awards Ma TDA pi el 0. Charlene Edwards Honeywell United States District Judge Copies to: Counsel of Record and Unrepresented Parties
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Eagles Point Ventures, LLC v. Perry, 2010 WL 298798 (M.D. Fla. 2020)…onably be questioned. Christo v. Padgett, 223 F. 3d 1324, 1333 (11th Cir. 2000). To satisfy the requirements of Section 455, a movant “must offer facts, and not merely allegations, that evidence partiality.” Strickland v. Chase Bank USA Nat. Ass’n, 2010 WL 298798, at *2 (N.D. Ga. Jan. 19, 2010); United States v. Cerceda, 188 F. 3d 1 The letter filed by Defendant is titled with the subject “Pro Se Suggestion of Recusal.” The Court construes this letter as motion for recusal. 1291, 1292 (11th Cir. 1999) (char…1 / 2
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Baptiste-Alkebul-Lan v. Smith (M.D. Fla. 2023)…ained in its order denying Plaintiff’s previous motion (Dkt. 36), “[a] judge’s former affiliation with a firm representing a party, without more, is not grounds for disqualification.” Strickland v. Chase Bank USA Nat’l Ass’n, No. 1:08-cv- 3270-WSD, 2010 WL 298798, at *2 (N.D. Ga. Jan. 19, 2010) (quoting Draper v. Reynolds, 369 F. 3d 1270, 1281 & n.18 (11th Cir. 2004) (holding that judge’s former affiliation with law firm that represented a party did not warrant disqualification under 28 U.S.C. 455(a); and no…
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Baptiste-Alkebul-Lan v. Smith (M.D. Fla. 2022)…kills Center, Inc. However, case law establishes that “[a] judge’s former affiliation with a firm representing a party, without more, is not grounds for disqualification.” Strickland v. Chase Bank USA Nat’l Ass’n, No. 1:08-cv-3270-WSD, 2010 WL 298798, at *2 (N.D. Ga. Jan. 19, 2010) (quoting Draper v. Reynolds, 369 F. 3d 1270, 1281 & n.18 (11th Cir. 2004) (holding that judge’s former affiliation with law firm that represented a party did not warrant disqualification under 28 U.S.C. 455(a); and n…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- John J. Franks, M.D. v. Nimmo, 796 F.2d 1230 (10th Cir. 1986)
- United States v. Malmsberry, 222 F. Supp. 2d 1345 (M.D. Fla. 2002)
- Eagles Point Ventures, LLC v. Perry, 2010 WL 298798 (M.D. Fla. 2020)