Whitehead v. Netflix Inc. ( 2022 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DAVID LOUIS WHITEHEAD, Plaintiff, 22-CV-0883 (LTS) -against- ORDER NETFLIX INC., et al., Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: On February 28, 2022, Plaintiff filed a motion for recusal (ECF 5), which the Court denied on March 8, 2022 (ECF 7). On the same day he filed the motion, Plaintiff submitted an amended motion for recusal (ECF 8), which was entered on the docket on March 11, 2022, after the Court denied the original motion. Plaintiff appears to have submitted the amended motion to indicate that the Court was appointed by former President Bill Clinton rather than President Barack Obama. He otherwise makes the same arguments that he presented in the original motion. The Court therefore denies the amended motion for the same reasons stated in the March 8, 2022, order. CONCLUSION Plaintiff’s amended motion (ECF 8) is denied for the same reasons stated in the Court’s March 8, 2022, order. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. SO ORDERED. Dated: March 18, 2022 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge