Christopher Fountain v. A-OK Enterprices, LLC, et al.

Summary

The United States District Court for the District of Kansas denies pro se Plaintiff Christopher Fountain’s motion to recuse Magistrate Judge Brooks G. Severson. The court concludes that the case is closed and that Plaintiff’s allegations of bias, based primarily on unfavorable rulings and the recommendation of dismissal, do not establish a valid basis for recusal under 28 U.S.C. §§ 144 or 455.

Holdings

1. A motion to recuse should be denied when the district court case has been dismissed, judgment has been entered, and no matter remains pending before the judge from whom recusal is sought.
2. The plaintiff did not establish a valid basis for recusal under 28 U.S.C. §§ 144 or 455 because his allegations consisted of unsupported assertions and dissatisfaction with the handling of his case rather than specific facts demonstrating personal, extrajudicial bias or objectively questionable impartiality.

Questions Presented

1. Whether a motion to recuse may provide relief when the district court case has been dismissed, judgment has been entered, and the only pending matter is an appeal before the Tenth Circuit.
2. Whether the plaintiff established a basis for recusal under 28 U.S.C. §§ 144 or 455 based on alleged unfavorable rulings and perceived bias.
3. Whether disagreement with a party or unfavorable judicial rulings demonstrates that a judge's impartiality might reasonably be questioned.

Disposition

other