Upchurch v. Wastequip, LLC ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA SHANE WEBSTER UPCHURCH Plaintiff, Case No. 20-CIV-66-RAW v. WASTEQUIP, LLC, and TRAVELER’S IND. OF AMERICA Defendants. ORDER Before the court is Plaintiff’s most recent pro se filing which is deemed to represent a Motion to Recuse [Docket No. 36] indicating to the court that “It’s Kindly Time to Step Down.” The court addresses Plaintiff’s motion, pursuant to 28 U.S.C. §455, wherein a judge is required to recuse himself “in any proceeding in which his impartiality might reasonably be questioned,” or “[w]here he has a personal bias or prejudice concerning a party.” Recusal is “appropriate only where a reasonable person, were he to know all the circumstances, would harbor doubts about the judge’s impartiality.” United States v. Mendoza, 468 F.3d 1256, 1262 (10th Cir. 2006). “The trial judge must recuse himself when there is the appearance of bias, regardless of whether there is actual bias.” Bryce v. Episcopal Church, 289 F.3d 648, 659 (10th Cir. 2002). The court does not find recusal or disqualification appropriate under this standard. 1 Although a pro se litigant’s pleadings are to be construed liberally and held to a less stringent standard than formal pleadings drafted by lawyers, pro se parties must follow the same rules of procedure that govern other litigants. Garrett v. Selby Connor Maddux & Janer, 425 F.3d 836 (10th Cir. 2005). Accordingly, the motion [Docket No. 36] is DENIED. IT IS SO ORDERED this 4th day of February, 2021. _______________________________ RONALD A. WHITE UNITED STATES DISTRICT JUDGE 2