Ajaj v. United States

□□ pandas es BaF fe Eg □□□ MEMO ENDORSED !\\ wr osarm □□ UNITED STATES DISTRICT COURT WA, Mu LIN OCT 23 2g99 □□□□ THE SOUTHERN DISTRICT OF NEW Copies mailed by chambers. | 10/26120 St No. 16-cv-5031 abd RO SE OFF] CE AD MOHAMMAD AJAM, (93 -of— o)F 5 ( |) STATES OF AMERICA. “3 Ceo, PRO SE MOTION FOR RECUSAL PURSUANT TO 28 U.S.C. && 144 and 455(a), UNDER THE PENALTY OF NOW, the Movant Ahmad Mohammad Ajaj, pro se, and respectfully request that the Honorable Judge Lewis A. Kaple or disqualify himself from this case under 28 U.S.C. &&, 144 and 455, and to apply the procedures set aut in this local rules to have this case reassigned to another Judge. In support of this pro se motion, the Movant states the under the penalty of perjury, pursuant to 28 U.S.C. & 1746, that the below are true and correct to the best of knowledge, beliefs, and information: 144 provides that "Whenever a party to any proceeding in a district court makes and files a timely and sufficient that the judge before whom the matter is pending has|a personal bias or prejudice either against him or in favor of party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding”. e provisions of Section 144 are strictly construed. The reasons for this strict construction is that the Statute is United States v. Betts-Gaston, 860 F.3d a 527-528 (7th Cir. 2017)(recusal is mandatory if the moving papers ufficient, so requirements of Section 144 are strictly construed":. he affidavit properly alleges prejudice and the other procedural requirements are met, then the court must accept the as true, so if they are legally sufficient to requires recusal, then the judge must disqualify him or herself. See, States v. Vigiorgi, 840 F.2d 1022, 1034-1035 (1st Cir. 1988)(court must accept allegations in affidavit as true). is required even if the judge knows that the allegations are false. See, United States v. Occhipinti, 851 F.Supp. 525 (S.D.N.Y. 1993), and United States v. Barnes, 909 F.2d 1059, 1071 (7th Cir. 1990). Section 455, a judge is requires to "disqualify himself in any proceeding in which has impartiality MIGHT reasonably ——o i =e e use of the word "MIGHT" in 28 U.S.C. & 455(a} "clearly mandate that it would be preferable for a judge to err on the This waren ip □□□ Ned Le