Citronelle-Mobile Gathering, Inc. v. Edwards

A. Disqualification.

I agree that there was no error in denying appellants’ motion for disqualification under 28 U.S.C. § 455(a). I do not, however, find fault in the timing of the motion. Rather, I believe the motion — premised upon gratuitous speculation by opposing counsel as to possible bias of the judge, *724comments which the attorney later acknowledged to have been “totally baseless and unfair” — lacks a sufficiently colorable factual basis for any reasonable question to have been raised concerning the judge’s impartiality.

B. Limitations Period.

I also concur in the conclusion that the…