Wilson v. Leigh Law Group, P.C,

Background

Michael Geary Wilson filed a letter and declaration seeking to disqualify the assigned judge. The filings relied on 28 U.S.C. §§ 144, 455, and 1746, and Civil Local Rule 3-14. The court treated the filings as a motion to disqualify.

Court’s reasoning

Under 28 U.S.C. § 144, a party must submit a timely and sufficient affidavit or declaration alleging facts that fairly support a claim of personal bias or prejudice arising from an extrajudicial source—meaning a source other than the judge’s conduct or rulings in the case. The court found that Wilson’s declaration was based on challenges to local rules and judicial rulings. Because disagreement with those matters is not a legally sufficient basis for disqualification, the court denied the motion to the extent it relied on § 144.

The court also considered 28 U.S.C. § 455, which requires disqualification when a judge’s impartiality might reasonably be questioned or when the judge has personal bias or prejudice concerning a party. The court found that Wilson had not made the required showing under § 144 and that neither Wilson nor the court had identified another ground for disqualification under § 455.

Disposition

Judge Maxine M. Chesney ordered that the motion to disqualify be DENIED.