Gwen Caranchini v. Rick Peck

Opinion

United States Court of Appeals For the Eighth Circuit

___________________________

No. 19-2398

___________________________

Gwen G. Caranchini

lllllllllllllllllllllPlaintiff - Appellant

v.

Rick Peck, individually

lllllllllllllllllllllDefendant - Appellee

____________

Appeal from United States District Court for the Western District of Missouri - Kansas City

____________

Submitted: December 30, 2019 Filed: January 7, 2020

[Unpublished]

____________

Before LOKEN, SHEPHERD, and ERICKSON, Circuit Judges.

____________

PER CURIAM.

In this diversity action, Gwen Caranchini appeals following the district court’s1 dismissal of her complaint for failing to state a claim, challenging only the denial of

1 The Honorable Greg Kays, United States District Judge for the Western District of Missouri.

her motions to recuse. After careful review of the record, we conclude that the district court did not abuse its discretion in denying Caranchini’s motions. See Jenkins v. Ark. Power & Light Co., 140 F.3d 1161, 1164 (8th Cir. 1998) (denial of motion to recuse is reviewed for abuse of discretion); cf. United States v. Melton, 738 F.3d 903, 905-06 (8th Cir. 2013) (party seeking recusal bears burden of rebutting presumption that judge is impartial; judicial rulings rarely establish valid basis for recusal, and this general rule holds true where party seeking recusal fails to present evidence demonstrating partiality). Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________