Richey v. ABM Education Services, LLC and Superintendent Mid-Del Public Schools

Summary

The United States District Court for the Western District of Oklahoma denied Jennifer Richey’s motion seeking recusal of the undersigned judge under 28 U.S.C. § 455(a). The court held that prior adverse rulings, alleged delays or omissions, and Plaintiff’s stated beliefs did not provide a reasonable factual basis for an objective person to question the judge’s impartiality.

Holdings

1. Prior rulings adverse to a litigant, standing alone, do not establish a reasonable factual basis for questioning a judge's impartiality and do not require recusal under 28 U.S.C. § 455(a).
2. Delays or omissions by a judge, including failure to rule on pending motions or address submissions, do not by themselves constitute grounds for disqualification under § 455(a).

Questions Presented

1. Whether the judge's prior dismissal of Plaintiff's substantially related employment-discrimination action required recusal under 28 U.S.C. § 455(a).
2. Whether the judge's alleged delays, omissions, or failure to rule on pending motions required recusal under § 455(a).

Disposition

other