ROBERT C. MITCHELL, Magistrate Judge.
Currently before the Court is Plaintiff Jean Coulter's "Motion to Strike, Motion for Special Relief in the Form of Sanctions Against Counsel for Defendants and Motion for Recusal and Change of Venue" (ECF No. 27). In this document, Plaintiff contends, as she has in at least two other civil rights cases that she has filed to date, that the undersigned should recuse from her cases and that a local rule of this Court which assigns all pro se civil rights cases to the same magistrate judge and the same district judge violates her rights under the equal protection clause. She also requests sanctions against Defendants' counsel for filing "improper" materials in this matter.
Disqualification is governed by 28 U.S.C. § 455, which indicates that a magistrate judge shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned, when he has a person bias or prejudice, where he has a financial interest in the subject matter in controversy and in other circumstances so described. None of the factors applies to this case. Rather, Plaintiff's argument is based on the fact that, in the first civil rights case assigned to the undersigned (Civ. A. No. 11-1201), references were made to certain events in the public record in order to set the allegations of her complaint in context. Not only was there nothing nefarious or improper about this action, but the Court of Appeals for the Third Circuit, in denying her appeal, made the same references.
Plaintiff contends that a local rule of this Court, which provides that all related cases shall be assigned to the same judge and further provides that "[a]ll pro se civil rights actions by the same individual shall be deemed related," LCvR 40(D)(3), (E), violates her rights under the equal protection clause. Because of this rule, the undersigned has been assigned all of Plaintiff's pro se civil rights cases (viz., Civ. A. Nos. 11-1201, 12-60, 12-338 and 12-641) and in addition they were all assigned to District Judge Bissoon.
"To prove an equal protection violation, claimants must prove purposeful discrimination, directed at an identifiable or suspect class."
"Frequent pro se litigants are not a suspect class meriting strict scrutiny."
Like some other courts, this Court has adopted a procedure to assign related cases to the same judge, who has familiarity with them, and has designated pro se civil rights cases filed by the same individual (and habeas corpus cases filed by the same individual)
In addition, in making an equal protection challenge, the plaintiff must demonstrate that a discrimination of some substance has occurred which has not occurred against other individuals who were similarly situated.
Plaintiff has provided no basis for this action to be transferred to another district court, much less to one outside of the Third Circuit. In addition, federal law only permits a district court to transfer an action to "any other district or division where it might have been brought," 28 U.S.C. § 1404(a). Plaintiff's claims, which arise out of acts that occurred within this district, could not have been brought anywhere else.
Plaintiff requests sanctions against counsel for Defendants, arguing that they have "entirely improperly, attempted to introduce information which is irrelevant and, in some instances, expressly forbidden by Federal Rules [sic] of Evidence 410." (ECF No. 24 at 2.) She appears to be complaining again about the references made to events that preceded her civil rights lawsuits, specifically her plea of nolo contendere to a charge of aggravated assault on her minor daughter, which resulted in her serving a sentence of 30 months followed by 36 months of probation. Defendants have attached to their briefs a copy of the criminal docket from the Court of Common Pleas of Butler County, a public record.
Plaintiff cites Federal Rule of Evidence 410, which concerns the inadmissibility of, inter alia, pleas of nolo contendere "against the defendant who made the plea." However, the mention of Plaintiff's nolo contendere plea in the background discussion of a Report and Recommendation or in Defendants' briefs does not "admit" the plea into evidence and does not use it "against" her, that is, to find her guilty or liable of anything. Thus, Rule 410 is inapplicable. As noted above, the Court of Appeals also mentioned this historical fact in its opinion denying her appeal.
As Plaintiff has failed to point to any inappropriate activity on the part of Defendants or their counsel, her motion for sanctions will be denied.
AND NOW, THEREFORE, this 10th day of July, 2012,
IT IS HEREBY ORDERED that the Motion to Strike, Motion for Special Relief in the Form of Sanctions Against Counsel for Defendants and Motion for Recusal and Change of Venue (ECF No. 27) filed by Plaintiff is denied.