ARNOLD v. GOODMAN ( 2020 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION KEANDRE ARNOLD, ) ) Plaintiff, ) ) v. ) No. 1:19-cv-03820-JPH-TAB ) LESLIE GOODMAN, et al. ) ) Defendants. ) ENTRY ON MOTION FOR CHANGE OF JUDGE The plaintiff's motion for change of judge, filed on September 25, 2020, has been considered. "When a judge decides a contested issue, whether correctly or not, at least one side will be disappointed." Thomas v. Reese, 787 F.3d 845, 849 (7th Cir. 2015). "Adverse rulings do not constitute evidence of judicial bias." Under 28 U.S.C. § 455(a), a federal judge must disqualify himself in any proceeding in which his "impartiality might reasonably be questioned." Matter of Hatcher, 150 F.3d 631, 637 (7th Cir. 1998). "The standard in any case for a § 455(a) recusal is whether the judge's impartiality could be questioned by a reasonable, well-informed observer." Id. In Hook v. McDade, 89 F.3d 350, 354 (7th Cir. 1996), the court stated that § 455(a) "asks whether a reasonable person perceives a significant risk that the judge will resolve the case on a basis other than the merits. This is an objective inquiry." Id. (quoting In re Mason, 916 F.2d 384, 385-86 (7th Cir. 1990)). Judicial rulings, routine trial administration efforts, and ordinary admonishments are not grounds for recusal. See Liteky v. United States, 510 U.S. 540, 545 (1994). The plaintiff seeks the recusal of the undersigned because he disagrees with some rulings in this action. As explained, the plaintiff's dissatisfaction with prior rulings by the undersigned is not evidence of bias, nor is it otherwise a valid basis for a change of judge. Therefore, the plaintiff's motion for change of judge, dkt. [79], is denied. SO ORDERED. Date: 10/2/2020 Slam ruck lbanlove James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: KEANDRE ARNOLD 201948 NEW CASTLE - CF NEW CASTLE CORRECTIONAL FACILITY - Inmate Mail/Parcels 1000 Van Nuys Road NEW CASTLE, IN 47362 Adam Garth Forrest BBFCS ATTORNEYS aforrest@bbfcslaw.com