UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
June 23, 2011
KENNETH J. BELLET, PLAINTIFF,
CITY OF BUFFALO, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Jeremiah J. Mccarthy United States Magistrate Judge
DECISION AND ORDER
Before me is plaintiff's "Notice of Objections to Being Deprived of Procedural Due Process by Magistrate Judge Jeremiah McCarthy" , which I interpret to be yet another motion requesting that I recuse myself from further proceedings in this case. We have been down this road more than once before, and plaintiff's objections have previously been addressed. If plaintiff disagrees with any of my rulings, he is free to seek appellate review in the event he does not prevail in this case.
In the meanwhile, I see no basis for recusal. "A party cannot force disqualification by attacking the judge and then claiming that these attacks must have caused the judge to be biased against him." United States v. Marshall, 77 F.Supp.2d 764, 768 (N.D.Tex. 1999). Therefore, plaintiff's motion is once again denied. Furthermore, I remind plaintiff of his obligations under Fed. R. Civ. P. ("Rule") 11(b) (a copy of which is attached to this Decision and Order), and that future violations of those obligations may lead to the imposition of appropriate sanctions, up to and including dismissal of this action.
For these reasons, plaintiff's motion  is denied.
Jeremiah J. McCarthy
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