Joshua M. Moore v. Marty Jackley, in his official capacity as Attorney General of South Dakota; Ernest Thompson, in his official capacity as Deputy Attorney General of South Dakota

Summary

The United States District Court for the District of South Dakota denies Joshua M. Moore’s motion to recuse under 28 U.S.C. § 455(a). The court concludes that Moore failed to show that the court’s impartiality might reasonably be questioned, rejecting his reliance on related cases, judicial transfers, prior recusals, and the court’s status as a party in separate litigation.

Holdings

1. Recusal was not required because Moore failed to show that a reasonable, informed person would question the Court's impartiality in this action.
2. Prior transfers and alleged recusals in Moore's related cases did not establish a basis for recusal in this action.
3. The court denied Moore's request for recusal in related cases because those motions were not filed in the present case and had already been addressed in their respective cases.

Questions Presented

1. Whether 28 U.S.C. § 455(a) required the district court to recuse itself because the court was named as a defendant in separate litigation involving Attorney General Jackley.
2. Whether alleged recusals or transfers in Moore's related cases created an appearance that the district court's impartiality might reasonably be questioned.
3. Whether the court could grant Moore's request for recusal in related cases that were not before the court in the present action.

Disposition

other