REARDON v. SEGAL et al, No. 1:2015cv00244 - Document 63 (D.N.J. 2017)

Court Description: MEMORANDUM OPINION & ORDER Denying 59 Motion for Default Judgment ; Denying 59 Motion for Recusal. Signed by Judge Noel L. Hillman on 4/25/17. (js)
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REARDON v. SEGAL et al Doc. 63 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY JOHN E. REARDON, Plaintiff, CIVIL NO. 15-244(NLH/JS) v. MEMORANDUM OPINION & ORDER VINCENT SEGAL, et al., Defendants. Appearances: JOHN E. REARDON 1 JOANS LANE BERLIN, NJ 08009 Pro Se Plaintiff BENJAMIN HENRY ZIEMAN STATE OF NEW JERSEY OFFICE OF THE ATTORNEY GENERAL DIVISION OF LAW 25 MARKET STREET P.O. BOX 116 TRENTON, NJ 08625 Attorney for Defendants HILLMAN, District Judge This matter has come before the Court on Plaintiff’s motion for recusal and for default judgment [59]; and Plaintiff requests this Court’s recusal in this matter because the Court has deliberately denied his request for default judgment against the defendants; and On March 21, 2016 and August 11, 2016, the Court denied Plaintiff’s motions for default judgment because he by-passed the first step in the default judgment process, which is to first obtain a Clerk’s entry of default, see Docket No. 42, 51 and Federal Civil Procedure Rule 55; and To date, Plaintiff has still not obtained a Clerk’s entry of default as to any defendant, which precludes this Court from considering an application by Plaintiff for default judgment; and Under 28 U.S.C. § 455(a), “any justice, judge or magistrate [judge] of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned,” and this section requires judicial recusal “if a reasonable person, knowing all the circumstances, would expect that the judge would have actual knowledge” of his interest or bias in a case, Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847, 860 (1988); In re Kensington Intern. Ltd., 368 F.3d 289, 301 (3d Cir. 2004); and The Court finding that Plaintiff’s basis for recusal has no merit; Therefore, IT IS on this 25th day of April , 2017 ORDERED that Plaintiff’s motion for recusal and the entry of default judgment [59] be, the same hereby is, DENIED. s/ Noel L. Hillman NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey 2