Free Order on Motion for Recusal - District Court of Connecticut - Connecticut

Case 3:01-cv-02072-DJS

Document 23

Filed 09/28/2004

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

ANTHONY TORRES v. LARRY J. MYERS

: : : : :

PRISONER Case No. 3:01CV2072(DJS)(TPS)

RULING ON PENDING MOTIONS Petitioner has filed a motion for recusal. set forth below, the motion is denied. A judge must recuse himself "in any proceeding in which his impartiality might reasonably be questioned." § 455(a). 28 U.S.C. For the reasons

The test employed to determine whether recusal is See In re Drexel Burnham Lambert

required is an objective one.

Inc., 861 F.2d 1307, 1313 (2d Cir. 1988), cert. denied, 490 U.S. 1102 (1989). The judge must recuse himself if circumstances

exist which constitute an objectively reasonable basis upon which to question the judge's impartiality, i.e., if circumstances show "a deep-seated favoritism or antagonism that would make fair judgment almost impossible." 540, 555 (1994). Liteky v. United States, 510 U.S.

"[J]udicial rulings alone almost never

constitute a valid basis for a bias or partiality motion" and "can only in the rarest circumstances evidence the degree of favoritism or antagonism required." Id.

In this case, petitioner seeks recusal because the

Case 3:01-cv-02072-DJS

Document 23

Filed 09/28/2004

Page 2 of 2

undersigned has failed to timely process this petition for writ of habeas corpus. The petitioner's claim that the court has

delayed the progress of this case is an insufficient reason to support the undersigned's recusal from this case. Because the

petitioner has not identified any factors that demonstrate that the undersigned is not impartial in this case, the petitioner's request for recusal [doc. # 22] is DENIED. SO ORDERED this Connecticut. /s/DJS Dominic J. Squatrito United States District Judge 28th day of September, 2004, at Hartford,

2