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United States v. Beasley

December 4, 2006

UNITED STATES OF AMERICA
v.
ANTONIO J. BEASLEY



The opinion of the court was delivered by: R. Allan Edgar United States District Judge

Edgar

MEMORANDUM AND ORDER

On January 4, 2006, this District Court entered the judgment of conviction against defendant Antonio J. Beasley ("Beasley"). [Doc. No. 66]. Beasley has taken a direct appeal from the judgment to the United States Court of Appeals for the Sixth Circuit.

On November 13, 2006, Beasley filed a pro se motion captioned "Motion For Recusal And Reassignment." [Doc. No. 82]. Beasley moves to disqualify the undersigned District Judge from all further proceedings in this criminal case and to have the case reassigned to another District Judge. Beasley does not cite any relevant federal statutes concerning recusal or disqualification of a federal judge. Beasley has not submitted in support of his motion a properly sworn affidavit or statement made under penalty of perjury pursuant to 28 U.S.C. § 1746.

Beasley makes a vague, conclusory contention that the undersigned District Judge, while in the course of adjudicating the criminal case, purportedly violated the defendant's rights protected under the First, Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution. In other words, Beasley is dissatisfied with the District Judge's judicial decisions in his case. In his motion, Beasley requests the undersigned District Judge to recuse from any future proceedings and any "future bias toward" him. Although Beasley uses the word "bias," he fails to allege any specific facts showing that the undersigned District Judge harbors personal bias or prejudice against him.

This is not the first time that Beasley has made a pro se motion to disqualify the undersigned District Judge. Beasley previously made a similar motion to disqualify [Doc. No. 60] but he subsequently wrote a letter of apology stating that he desired to withdraw that motion. The first motion to disqualify was denied. [Doc. No. 64].

Beasley's instant motion to disqualify [Doc. No. 82] is DENIED for the following reasons. The disqualification or recusal of a United States District Judge is governed by 28 U.S.C. §§ 144 and 455.

28 U.S.C. § 144 provides:

Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding.

The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists, and shall be filed not less than ten days before the beginning of the term at which the proceeding is to be heard, or good cause shall be shown for failure to file it within such time. A party may file only one such affidavit in any case. It shall be accompanied by a certificate of counsel of record stating that it is made in good faith.

28 U.S.C. § 455 provides in pertinent part:

(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.

(b) He shall also disqualify himself in the following circumstances:

(1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts ...


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