Oliver Carlson Giles v. Thomas Garwood, Charles Weston, Assistant District Attorney and C. Cloud Morgan, Judge

The appellant, Oliver Giles, filed this action under 42 U.S.C. § 1983 alleging that his constitutional rights were violated in his 1975 Georgia conviction on charges of rape, armed robbery, and assault. During the proceedings in the district court, Giles also filed a motion to disqualify District Court Judge Duross Fitzpatrick on the grounds that the judge had a personal bias against Giles, had delayed rendering a decision, discriminated against indigent pro se inmates, and always ruled in favor of the state. The magistrate recommended that the action be dismissed as barred by the statute of…