PADMANABHAN v. PAIKOS, 17-10936-NMG. (2017)
Court: District Court, D. Massachusetts
Number: infdco20170905701
Visitors: 15
Filed: Jul. 14, 2017
Latest Update: Jul. 14, 2017
Summary: ORDER NATHANIEL M. GORTON , District Judge . This case arises out of a dispute involving the indefinite suspension of a medical license held by Dr. Bharanidharam Padmanabhan a/k/a Dr. Bharani ("plaintiff"). Plaintiff alleges that several members and employees of the Massachusetts Board of Registration in Medicine (collectively, "defendants"), violated his due process and equal protection rights guaranteed by the Fourteenth Amendment by suspending his medical license. Now pending before the
Summary: ORDER NATHANIEL M. GORTON , District Judge . This case arises out of a dispute involving the indefinite suspension of a medical license held by Dr. Bharanidharam Padmanabhan a/k/a Dr. Bharani ("plaintiff"). Plaintiff alleges that several members and employees of the Massachusetts Board of Registration in Medicine (collectively, "defendants"), violated his due process and equal protection rights guaranteed by the Fourteenth Amendment by suspending his medical license. Now pending before the ..
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ORDER
NATHANIEL M. GORTON, District Judge.
This case arises out of a dispute involving the indefinite suspension of a medical license held by Dr. Bharanidharam Padmanabhan a/k/a Dr. Bharani ("plaintiff"). Plaintiff alleges that several members and employees of the Massachusetts Board of Registration in Medicine (collectively, "defendants"), violated his due process and equal protection rights guaranteed by the Fourteenth Amendment by suspending his medical license.
Now pending before the Court is plaintiff's motion for "recusal and substitution/reassignment".
Plaintiff avers that this case should be reassigned to a different session because the assigned judge demonstrated bias in favor of Massachusetts Attorney General Maura Healey and others in an earlier case in which this Court dismissed plaintiff's complaint for failure to state a claim upon which relief can be granted.1 See generally Padmanabhan v. Healey, 159 F.Supp.3d 220 (D. Mass. 2016).
Pursuant to 28 U.S.C. § 455(a), a judge
shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.
Although plaintiff complains caustically of bias, the First Circuit Court of Appeals has concluded that the judicial officer assigned to this case has exhibited no bias in the previous lawsuit and summarily affirmed the rulings of this Court. See Padmanabhan v. Healey, No. 16-1159 (1st Cir. entered Jan. 4, 2017) (appeal pending). Accordingly, plaintiff's motion for recusal and reassignment (Docket No. 7) is DENIED.
So ordered.
FootNotes
1. James Paikos and Loretta Cooke, employees of the Massachusetts Board of Registration in Medicine, are the only two defendants named in both cases.
Source: Leagle
