United States District Court, D. Utah, Central Division
ORDER DENYING MOTION FOR RECUSAL
Nuffer, District Judge
Neldon Johnson has filed a motion
(“Motion”) to have me disqualified from further
participation in this case under 28 U.S.C. §§ 455
and 144. Because Johnson's filings are insufficient,
neither of these statutes requires my recusal, and the
Motion1 is DENIED.
argues that recusal is required because he recently filed two
lawsuits naming me as a defendant. But “[a] judge is not
disqualified merely because a litigant sues or threatens to
sue him.” Thus, regardless of the number of lawsuits
Johnson may choose to file against me, I am not disqualified
from presiding over this case.
also argues-in conclusory fashion-that he believes that
decisions adverse to him in this case were “intended to
punish” and “to destroy [him]
financially.” That is not sufficient. “In every
lawsuit, judges make rulings adverse to one or the other
party. That these rulings may be unwelcome is simply too
commonplace a circumstance to support an allegation of
further argues-again in conclusory fashion4-that he believes
that I made statements evidencing bias against him after
reviewing testimony and other evidence presented during the
course of proceedings in this case. Judges are required to hear
evidence and assess. This may lead to conclusions a litigant
does not like. But even though a judge “may, upon
completion of the evidence, be exceedingly ill disposed
towards the defendant, ” “the judge is not
thereby recusable for bias or prejudice, since his knowledge
and the opinion it produced were properly and necessarily
acquired in the course of the proceedings, and are indeed
sometimes . . . necessary to completion of the judge's
Johnson has failed to present compelling evidence of bias or
prejudice, his motion for my recusal or disqualification will
IT IS HEREBY ORDERED that the Motion is DENIED.
 Neldon Johnson's Pro Se Motion to
Recuse Honorable Judge David Nuffer (“Motion”),
docket no. 495, filed November 2, 2018.
 Id. at 2, 5-7.
United States v. Grismore,
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