Huff v. Standard Life Insurance

OPINION AND ORDER DENYING MOTION OF RECUSAL AND REJECTING AFFIDAVIT OF BIAS UNDER 28 U.S.C. § 144

JAMES LAWRENCE KING, Chief Judge.

On the eve of trial, plaintiff filed a third motion for recusal of the Honorable Norman C. Roettger, Jr., presiding judge 1 in this case.

Title 28 U.S.C. § 144 2 permits any party to file one “timely and sufficient affidavit” for the purpose of disqualifying the judge presiding in the case. Clearly, the first two motions alleging bias and prejudice, although not accompanied by an affidavit required by the statute, were in truth and fact attempts under § 144 to…