American Express National Bank v. Samuel D. Williams, et al.

Summary

The United States District Court for the Southern District of Ohio remanded American Express National Bank’s state-law breach-of-contract collection action for lack of federal subject-matter jurisdiction. The court denied the defendant’s recusal request and in forma pauperis motion, designated him a vexatious litigator, and imposed prefiling restrictions on future complaints or notices of removal. The Clerk was directed to terminate the case.

Holdings

1. Recusal was not required because Williams's disagreement with prior remand rulings and the court's prompt identification of jurisdictional defects did not demonstrate extrajudicial bias, actual prejudice, or such a high degree of favoritism or antagonism that fair judgment was impossible.
2. The action was not removable on the basis of federal-question jurisdiction because the complaint asserted only Ohio-law breach-of-contract claims.
3. The action was not removable on the basis of diversity jurisdiction because Williams and Strategic Auto Parts LLC were both Ohio citizens.
4. The court had authority to designate Williams a vexatious litigant and enjoin him from filing new complaints or notices of removal unless he either obtained an attorney's certification that the filing was non-frivolous or submitted the proposed filing for prefiling court review.
5. Williams's motion to proceed in forma pauperis was denied as moot after the case was remanded and terminated.

Questions Presented

1. Whether the district judge was required to recuse under 28 U.S.C. § 455 based on alleged partiality, impropriety, bias, prejudice, or personal knowledge.
2. Whether the third notice of removal established federal-question or diversity subject matter jurisdiction.
3. Whether the court could designate Williams a vexatious litigant and impose prefiling restrictions after repeated improper removal attempts.
4. Whether Williams should be permitted to proceed in forma pauperis.

Disposition

remanded