Gregory Bartko v. Clay Wheeler

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7184
GREGORY BARTKO,
Plaintiff - Appellant,
v.
CLAY CAMPBELL WHEELER; SCOTT B. HOLLENBECK; GEORGE E.B.
HOLDING, Individually and as United States Attorney, for the
Eastern District of North Carolina; U. S. ATTORNEY THOMAS G.
WALKER, Individually and as United States Attorney for the
Eastern District of North Carolina,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever III,
Chief District Judge. (5:14-ct-03043-D)
Submitted: December 31, 2014 Decided: January 15, 2014
Before AGEE, KEENAN, and FLOYD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Gregory Bartko, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Gregory Bartko appeals the district court’s orders
transferring this action to the Eastern District of North
Carolina, denying his recusal motion, and dismissing his
complaint. We have reviewed the record and find no reversible
error. As to Bartko’s recusal motion, we conclude that the
district court’s failure to “pass on the legal sufficiency of
the facts alleged” in Bartko’s 28 U.S.C. § 144 (2012)
declaration is not reversible error because the affidavit was
insufficient as a matter of law. Sine v. Local No. 992 Int’l
Bhd. of Teamsters, 882 F.2d 913, 914 (4th Cir. 1989). We affirm
the transfer order and the dismissal of the complaint for the
reasons stated by the district court. Bartko v. Wheeler, No.
5:14-ct-03043-D (E.D.N.C. July 18, 2014); Bartko v. Wheeler, No.
1:13-cv-01006-JAB-LPA (M.D.N.C. Feb. 10, 2014). We grant
Bartko’s motion to exceed the length limitations for his
informal brief. We dispense with oral argument because the
facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the
decisional process.
AFFIRMED
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