Johnson #236335 v. Curtin, No. 1:2006cv00855 - Document 105 (W.D. Mich. 2009)
Court Description: MEMORANDUM OPINION AND ORDER denying [103, 104] petitioner Gregory Johnson's motions for recusal of the magistrate judge, for expedited consideration, for copies of documents, and for an evidentiary hearing; signed by Judge Robert Holmes Bell (Judge Robert Holmes Bell, kcb)
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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION GREGORY JOHNSON, Petitioner, File No. 1:06-CV-855 v. HON. ROBERT HOLMES BELL CINDI S. CURTIN, Respondent. / MEMORANDUM OPINION & ORDER Before the Court are two motions filed by Petitioner Gregory Johnson that seek the following: recusal of the Magistrate Judge in this matter on the basis of prejudice or bias; an evidentiary hearing and speedy relief on his § 2254 motion; and certain documents from the Court, including a warrant and a state-court docket sheet. (Dkt. Nos. 103, 104.) The only basis for recusal appears to be Petitioner s disagreement with the Magistrate Judge s rulings on his other motions in this matter. As the Supreme Court has made clear: [J]udicial rulings alone almost never constitute a valid basis for a bias or partiality motion. . . . [They] can only in the rarest circumstances evidence the degree of favoritism or antagonism required . . . when no extrajudicial source is involved. Almost invariably, they are proper grounds for appeal, not for recusal. Liteky v. United States, 510 U.S. 540, 555 (1994). Accordingly, Petitioner s legal objections to the Magistrate Judge s opinions and orders are not sufficient to warrant recusal. As to Petitioner s request for speedy relief, the Court construes it as a request for expedited consideration of his § 2254 habeas petition. The Court will deny this request because Petitioner has not shown that his petition is entitled to special or expedited consideration as compared to other pending matters. The Court notes that the Magistrate Judge has already denied a similar request for the same reasons. (Dkt. No. 99.) Petitioner also requests that the Court send Petitioner the copy of a warrant and a state-court docket sheet. However, Petitioner provides no procedural basis for this request. The Court is not required to gather Petitioner s evidence. Finally, the Court will deny Petitioner s request for an evidentiary hearing for the same reasons that the Magistrate Judge denied such a request. (See Dkt. No. 100, 03/24/2009 Order Den. Petitioner s Mot. for an Evidentiary Hr g.) For the same reasons stated in that order, Petitioner has not shown that a hearing is warranted. Accordingly, IT IS HEREBY ORDERED that Petitioner Gregory Johnson s motions for recusal of the Magistrate Judge, for expedited consideration, for copies of documents, and for an evidentiary hearing (Dkt. Nos. 103, 104) are DENIED. Dated: December 9, 2009 /s/ Robert Holmes Bell ROBERT HOLMES BELL UNITED STATES DISTRICT JUDGE 2
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