-FHM Aircraft Fueling Systems, Inc. v. Southwest Airlines, Co., No. 4:2008cv00414 - Document 225 (N.D. Okla. 2011)
Court Description: OPINION AND ORDER by Magistrate Judge Frank H McCarthy (With attachments) (jcm, Dpty Clk)
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA AIRCRAFT FUELING SYSTEMS, INC., Plaintiff, vs. Case No.08-CV-414-GKF-FHM SOUTHWEST AIRLINES CO., Defendants. OPINION AND ORDER The undersigned United States Magistrate Judge is in receipt of a letter from Plaintiff s attorney in which Plaintiff requests a hearing or conference for the purpose of making a request that the undersigned recuse from the case. Defendant has sent a response letter.1 There is no provision in the Federal Rules of Civil Procedure for requesting action from the court by way of letter. A request for a court order must be made by motion. Fed. R. Civ. P. 7(b)(1). 28 U.S.C. § 144 sets forth the procedure for seeking disqualification of a judge from a case on the basis of bias or prejudice. The letter tendered by Plaintiff does not meet the criteria for consideration under 28 U.S.C. § 144. 28 U.S.C. § 455 sets forth additional grounds for disqualification of a justice, judge, or magistrate judge. Because Plaintiff s attorney s letter is not a motion under Rule 7(b)(1) and does not comply with 28 U.S.C. § 144, no action will be taken on Plaintiff s letter requesting a hearing or conference. SO ORDERED this 21st day of November, 2011. 1 The letter and response are attached as exhibits to this O pinion and O rder.
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