James v. U.S. Department of Educations

Background

Jeremy Allan James was proceeding without a lawyer and without paying filing fees. The court had previously granted him permission to file an amended complaint. James then submitted a letter asking for the recusal of Judge Rearden and Judge Parker from a separate case he had pending in the same court. He argued that there should not be a significant likelihood of bias. James had already submitted recusal and reassignment requests in that related case and had filed the same letter there.

Court’s reasoning

Under 28 U.S.C. § 455(a), a judge must step aside from a proceeding when the judge’s impartiality could reasonably be questioned. The court stated that James’s existing recusal and reassignment requests had to be decided by the judge presiding over the related case. It further stated that a chief judge is not authorized to decide a recusal motion pending before another judge.

Ruling and other orders

Judge Laura Taylor Swain denied James’s recusal request without prejudice to the applications pending in the related case. The opinion also stated that James’s amended complaint was due within sixty days of the February 14, 2023 order and provided filing instructions. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal.