Devine v. United States of America et al, No. 1:2012cv02236 - Document 25 (S.D.N.Y. 2012)
Court Description: OPINION AND ORDER: However, Plaintiff has had multiple opportunities to challenge the propriety of this ruling, including at a hearing before me, and his challenge was found to be without merit. In any event, disagreement with a ruling does not provide a ground for recusal. Accordingly, Plaintiffs objection is overruled. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/19/2012) (ama)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x R. Devine, 12 Civ. 2236 (ALC) (DF) Plaintiff, OPINION & ORDER -againstUnited States of America, acting by and through the Department of Treasury-Internal Revenue Service, the Social Security Administration, and Comerica Bank, X Defendants. USDC' SO:"iY DOCC~lE!\T --------------------------------------- E L [C T RON I C ALLY FILED VOC ANDREW L. CARTER, JR., District Judge: H ; _ _--=--:::::-:--:-:;;- DATE BLED: 0..1.0- \'2. Currently before the Court is an objection by plaintiffR. Devine ("Plaintiff'), dated July 27,2012 (Dkt. 18). Plaintiff objects to an order by Magistrate Judge Freeman denying his motion for recusal under 28 U.S.C. § 455 and ordering him to produce his Social Security Number to Defendants' counsel (Dkt. 16). I have read Plaintiffs submission, and his objection is baseless. Plaintiff does not argue or provide any facts that show that Judge Freeman or defense counsel's impartiality could reasonably be questioned in this case. See U.S. v. Bayless, 201 FJd 116, 127 (2d Cir. 2000). The thrust of Plaintiff s complaint is that he disagrees with Judge Freeman's order requiring him to submit his Social Security Number, which he states was done without proper notice to him. However, Plaintiff has had multiple opportunities to challenge the propriety of this ruling, including at a hearing before me, and his challenge was found to be without merit. In any event, disagreement with a ruling does not provide a ground for recusaL Accordingly, Plaintiffs objection is overruled. SO ORDERED. Dated: New York, New York September 19,2012 ANDREW L CARTER, JR. United States District Judge
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