Nwoye v. Obama

Background

Ikemefuna Stephen Nwoye sued Barack Hussein Obama and Michelle Lavaughn Robinson Obama. The Second Circuit had previously vacated the District Court’s dismissal of Nwoye’s complaint for failure to state a claim because of a due-process problem. The District Court then ordered Nwoye to explain why the case should not be dismissed as frivolous or for failure to state a claim. Nwoye filed a response and asked for permission to file a second amended complaint.

On May 18, 2023, Nwoye asked that the case be transferred to another judge or division within the Southern District of New York. He based the request on the fact that the court had not yet ruled on the pending matters after approximately three months.

Court’s reasoning

The court acknowledged Nwoye’s interest in a prompt decision but explained that it is not unusual for a motion to remain undecided for more than three months. It cited the workload of federal courts and the judicial workload in the Southern District of New York. The court said Nwoye could be assured that his case was receiving appropriate attention and that the pending matters would be resolved in due course.

The court also said it was not aware of any authority supporting recusal or transfer under these circumstances and noted that requests based on dissatisfaction with the speed of decisions are routinely denied.

Disposition

The court denied Nwoye’s application at docket entry 28. The order did not rule on his request to file a second amended complaint or on whether the case should be dismissed.