Cooper v. Swern

Background

KAAZIM COOPER, also identified as KAZZIM COOPER, filed a self-represented complaint under 42 U.S.C. § 1983 and was proceeding without paying filing fees. The court had previously given him 60 days to file an amended complaint addressing problems in his original pleading.

Instead of filing an amended complaint, Cooper submitted an “informal recusal letter” under 28 U.S.C. § 455. He asked that the letter not be treated as a formal motion. The court denied that submission on February 13, 2025. Cooper then emailed and telephoned chambers several times to object to that order.

Court’s Action

The court clarified that its February 13 denial was without prejudice, meaning Cooper could submit a formal recusal motion and add information. The order does not decide whether a formal recusal motion should be granted or denied.

The court also directed Cooper to stop trying to contact the judge’s chambers by telephone or through any method other than filing documents with the Pro Se Intake Unit. The order cited court rules requiring self-represented litigants to file papers and communications through that unit rather than sending them directly to chambers.

Finally, under 28 U.S.C. § 1915(a)(3), the court certified that an appeal from this order would not be taken in good faith and denied Cooper permission to proceed without paying fees for purposes of an appeal.

Disposition

Chief Judge Laura Taylor Swain granted Cooper leave to submit a formal recusal motion, directed him to cease direct contacts with chambers, and denied in forma pauperis status for an appeal from the order. The opinion does not state that Cooper filed a formal recusal motion after this order.