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Cizek v. Potter County Government

March 11, 2010

PAUL H. CIZEK, PETITIONER,
v.
POTTER COUNTY GOVERNMENT: COUNTY COMMISSIONERS MARY G. DAVIS, THOMAS R. SHAFFER, JOHN B. LEETE, AND EARLIER POTTER GOVERNMENT OFFICIALS, INCLUDING COUNTY COMMISSIONERS, RESPONDENTS.



The opinion of the court was delivered by: James F. McClure, Jr. United States District Judge

(Judge McClure)

(Magistrate Judge Mannion)

MEMORANDUM

I. BACKGROUND

Plaintiff, Paul H. Cizek, proceeding pro se, initiated this action by the filing of a complaint (entitled "Writ of Quo Warrantor"). (Rec. Doc. No. 1).

The case was initially referred to United States Magistrate Judge Malachy E. Mannion.

Now before the court is a document filed February 12, 2010 by Cizek entitled "Notice, Motion, and Affidavit for Recusal of the Assigned Judge James F. McClure, Jr., Pursuant to 28 U.S.C. Sections 144 and 455, for the Reasons Listed Below." (Rec. Doc. No. 5).

Cizek listed the following two reasons for his motion for recusal of the undersigned judge:

1. Petitioner was involved in a case in early 1991, not related to the present case, which was assigned to Judge McClure and there was a conflict due to the Judge's connection with a bank that was involved and the Petitioner requested Judge McClure to recuse himself, which was refused.

2. Petitioner was selected for federal jury duty in the "not so distant past". Judge McClure asked if Petitioner had been involved in a court case before and Petitioner responded, yes. Petitioner explained the circumstances of the prior experience and was excused from jury duty.

II. DISCUSSION

Cizek has filed his motion to recuse under §§ 144and 455. As each provision requires a different analysis, we will take each provision in turn.

A. 28 U.S.C. § 144

Section 144 is the narrower of the two provisions cited by Cizek and ...


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