Klayman v. Judicial Watch, Inc.

278 F. Supp. 3d 252
District Court, District of Columbia·Decided October 5, 2017·No. Civil Action No. 2006-0670·Published·Cited by 16 cases

Opinion

MEMORANDUM OPINION AND ORDER

October 5, 2017

COLLEEN KOLLAR-KOTELLY, United States District Judge

Pending before the Court is Plaintiffs [414] Motion to Recuse/Disqualify Judge Colleen Kollar-Kotelly, which seeks the recusal or disqualification of the undersigned pursuant to 28 U.S.C. § 455(a) and 28 U.S.C. § 144. This is Plaintiffs third motion for this purpose, and it is again Qpposed by Defendants. Upon a searching review of the pleadings, the record, and the relevant authorities, 1 the Court concludes that Plaintiff has failed to furnish any evidence of extrajudicial bias or prejudice. Rather, Plaintiff relies almost exclusively on his dissatisfaction with the legal rulings of this Court, which is an insufficient basis for recusal or disqualification. Accordingly, the pending motion for recu-sal or disqualification shall be DENIED.

DISCUSSION

A. Motion Pursuant to Section 455(a)

Plaintiff moves to recuse this Court pursuant to 28 U.S.C. § 455(a), which permits a litigant to seek recusal of a federal judge “in any proceeding in which his impartiality might reasonably be questioned.” “[T]o be disqualifying, the appearance of bias or prejudice must stem from an extrajudicial source.” United States v. Barry, 961 F.2d 260, 268 (D.C. Cir. 1992). In assessing section 455(a) motions, the D.C. Circuit has applied an “objective” standard: “Recusal is required when ‘a reasonable and informed observer would question the judge’s impartiality.’ ” SEC v. Loving Spirit Found. Inc., 392 F.3d 486, 493 (D.C. Cir. 2004) (quoting United States v. Microsoft Corp., 253 F.3d 34, 114 (D.C. Cir. 2001), cert. denied, 534 U.S. 952, 122 S.Ct. 350, 151 L.Ed.2d 264 (2001)). “This standard requires that [the Court] take the perspective of a fully informed third-party observer who understands all the relevant facts and has examined the record and the law.” United States v. Cordova, 806 F.3d 1085, 1092 (D.C. Cir. 2015). As a result, “bald allegations of bias or prejudice” do not suffice. Karim-Panahi v. U.S. Cong., Senate & House of Representatives, 105 Fed.Appx. 270, 275 (D.C. Cir. 2004).

In the context of section 455(a), “unfavorable judicial rulings alone almost never constitute a valid basis for reassignment.” United States v. Hite, 769 F.3d 1154, 1172 (D.C. Cir. 2014); see also United States v. Microsoft Corp., 56 F.3d 1448, 1463 (D.C. Cir. 1995) (per curiam) (“That a judge commits error, of course, is by itself hardly a basis for imputing bias or even the appearance of partiality.”). As the Supreme Court has observed, judicial rulings by themselves “cannot possibly show reliance upon an extrajudicial source; and can only in the rarest circumstances evidence the degree of favoritism or. antagonism required ... when no extrajudicial source is involved.” Liteky v. United States, 510 U.S. 540, 555, 114 S.Ct. 1147, 127 L.Ed.2d 474 (1994). Therefore, dissatisfaction with a court’s rulings “almost invariably” provides a proper ground for; appeal—not for recusal; Id. In addition, “opinions formed by the. judge on the basis of facts introduced or events occurring in the course of the current proceedings ... do not constitute a basis for a bias or partiality motion unless they display a deep-seated favoritism or antagonism that would make fair judgment impossible.” Id. Consequently, courts in this, circuit have routinely held that a. claim of bias predicated on a court’s rulings, do not, standing alone, warrant recusal. See, e.g., Liberty Lobby, Inc. v. Dow Jones & Co., Inc., 838 F.2d 1287 (D.C.. Cir. 1988) (because plaintiffs motions to recuse “were based entirely upon the district court’s discovery rulings in this case, their denial was clearly proper”), cert. denied, 488 U.S. 825, 109 S.Ct. 75, 102 L.Ed.2d 51 (1988); Cotton v. Washington Metro. Area Transit Auth., 264 F.Supp.2d 39, 42 (D.D.C. 2003) (claim of bias based on court’s discovery rulings did not warrant recusal).

B. Motion Pursuant to Section 144

Under section 144, a litigant must submit, along with its motion, an affidavit stating “the facts and the reasons for [its] belief that bias or prejudice exists.” 28 U.S.C. § 144. Upon the filing of a “timely and sufficient affidavit,” section 144 mandates that the assigned “judge shall proceed no further, but another judge shall be assigned to hear such proceeding.” Id.; see also Bhd. of Locomotive Firemen and Enginemen v. Bangor & Aroostook R.R. Co., 380 F.2d 570, 576 (D.C. Cir. 1967) (“The disqualification statute, 28 U.S.C, § 144, is mandatory and automatic, requiring only a timely and sufficient affidavit alleging personal bias or prejudice of the judge.”). “Importantly, the mere fact that a party has filed a § 144 motion, accompanied by the requisite affidavit and certificate of counsel, does not automatically result in the challenged judge’s disqualification.” Robertson v. Cartinhour, 691 F.Supp.2d 65, 77 (D.D.C. 2010); see also United States v. Miller, 355 F.Supp.2d 404, 405 (D.D.C. 2005) (“disqualification is not automatic upon submission of affidavit and certificate”). Rather, recusal is required only upon the filing of a “timely and sufficient affidavit.” 28 U.S.C. § 144.

The question of whether the motion and supporting affidavit are both timely and legally sufficient is for this Court to determine in the first instance. United States v. Haldeman, 559 F.2d 31, 131 (D.C. Cir. 1976) (“It is well settled that the involved judge has the prerogative, if indeed not the duty, of passing ón the legal sufficiency of a Section 144 challenge.”); see also United States v. Heldt, 668 F.2d 1238, 1272 n.69 (D.C. Cir. 1981) (noting that “under section 144 .., the transfer to another judge for decision is ‘at most permissive” ’) (quoting Haldeman, 559 F.2d at 131). First, with respect to the timeliness of the motion, section Í44 is itself silent as to “what the timeliness requirement means where, as in this case, the recusal motion rests on events occurring after proceedings began.” Loving Spirit Found., 392 F.3d at 492. In such circumstances, courts “have required the affidavit to be filed ‘at the earliest moment.’” Id. As the D.C.

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