U.S. v. Buck, H-13-0491-01 (2018)
Court: District Court, S.D. Texas
Number: infdco20181129f89
Visitors: 7
Filed: Nov. 28, 2018
Latest Update: Nov. 28, 2018
Summary: ORDER LEE H. ROSENTHAL , Chief District Judge . Defendant-Movant Clarence Bernard Buck, a federal prisoner, has filed a motion to vacate, set aside, or correct a sentence under 28 U.S.C. 2255. (Crim. Dkt. No. 693). Buck has filed a petition asking Chief Judge Lee Rosenthal to reassign his case. Buck argues that presiding United States District Judge David Hittner's rulings during his original trial demonstrate bias. Motions governed by 28 U.S.C. 2255 must be filed with the sentencing c
Summary: ORDER LEE H. ROSENTHAL , Chief District Judge . Defendant-Movant Clarence Bernard Buck, a federal prisoner, has filed a motion to vacate, set aside, or correct a sentence under 28 U.S.C. 2255. (Crim. Dkt. No. 693). Buck has filed a petition asking Chief Judge Lee Rosenthal to reassign his case. Buck argues that presiding United States District Judge David Hittner's rulings during his original trial demonstrate bias. Motions governed by 28 U.S.C. 2255 must be filed with the sentencing co..
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ORDER
LEE H. ROSENTHAL, Chief District Judge.
Defendant-Movant Clarence Bernard Buck, a federal prisoner, has filed a motion to vacate, set aside, or correct a sentence under 28 U.S.C. § 2255. (Crim. Dkt. No. 693). Buck has filed a petition asking Chief Judge Lee Rosenthal to reassign his case. Buck argues that presiding United States District Judge David Hittner's rulings during his original trial demonstrate bias.
Motions governed by 28 U.S.C. § 2255 must be filed with the sentencing court. See Swain v. Pressley, 430 U.S. 372 (1977); United States v. Flores, 616 F.2d 840, 842 (5th Cir. 1980). Buck's request for reassignment of his § 2255 motion based on "biased" rulings by the trial court has no legal basis. These rulings, standing alone, are not a basis for recusal or reassignment. See Liteky v. United States, 510 U.S. 540, 555 (1994); see also In re Hipp, Inc., 5 F.3d 109, 116 (5th Cir. 1993) (adverse rulings against a party in the same or a prior judicial proceeding "do not render the judge biased").
Buck's petition for reassignment, (Crim. Dkt. No. 697), is denied.
Source: Leagle
