Grim v. Smith et al, No. 1:2007cv00144 - Document 48 (E.D. Tex. 2009)
Court Description: MEMORANDUM OPINION and ORDER denying 46 Motion for recusal/to vacate the reference to the magistrate judge. Signed by Judge Ron Clark on 9/10/09. (tkd, ) Modified on 9/11/2009 (tkd, ).
Download PDF
<![CDATA[
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION WILLIAM C. GRIM § VS. § J. SMITH, ET AL. § CIVIL ACTION NO. 1:07cv144 MEMORANDUM OPINION AND ORDER Came on for consideration plaintiff's Motion Requesting Recusal (docket entry no. 46). The motion to recuse the magistrate judge is construed as a motion to vacate the reference of this case pursuant to 28 U.S.C. § 636. In accordance with 28 U.S.C. § 636(c)(4), "[t]he court may, for good cause shown on its own motion, or under extraordinary circumstances shown by any party, vacate a reference of a civil matter to a magistrate judge. . . ." Plaintiff asserts that the magistrate judge has failed to order the Marshal to serve defendant Joe Smith, and is allowing the Attorney General for the State of Texas to represent defendant Smith without a proper request for representation. Having examined the allegations in plaintiff's motion and the file in this action, the undersigned finds no basis of support for plaintiff's request. The magistrate judge has attempted to process this action in a reasonable manner, and prepare the case for trial, if necessary. The Attorney General s office merely notified the court that the office has not acquired permission to represent Smith or waive service on his behalf. The office of the Attorney General provided to the court the last known address for the individual it believes to be the Smith that plaintiff listed as a defendant. Accordingly, the magistrate judge ordered plaintiff to notify the court whether or not he wishes to pursue his claims against Smith and, if so, whether he had an address at which the defendant may be served, or whether he wishes to attempt service at the address provided by the Attorney General which has proven unsuccessful for the Attorney General. Plaintiff's assertions amount to nothing more than conclusory allegations. Plaintiff has failed to show good cause to vacate the referral to the magistrate judge. Accordingly, plaintiff's motion should be denied. It is therefore ORDERED that plaintiff's motion to vacate the reference to the magistrate judge is DENIED. So ORDERED and SIGNED this 10 day of September, 2009. ___________________________________ Ron Clark, United States District Judge 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
