BREAKING NEWS: Federal Judge Denies Curtis Richmond’s Disqualification Motion In ASD Case; Motions To Set Aside Forfeiture By Three Other Pro Se Litigants Also Denied
UPDATED 3:40 P.M. EDT (U.S.A.) A federal judge said she will not recuse herself from the AdSurfDaily forfeiture case and has denied a motion by Curtis Richmond to disqualify herself. Meanwhile, the judge also denied motions by other pro se litigants in the ASD case.
Richmond filed the motion to disqualify Judge Rosemary Collyer, claiming the judge had displayed “extreme bias.” But Collyer denied the motion this afternoon in a Memorandum Opinion. Richmond is associated with a sham Utah “Indian” tribe and has a history of filing 11th-hour motions to force judges to recuse themselves from cases.
“Mr. Richmond is not a party entitled to seek disqualification,” Collyer said. “Mr. Richmond further contends that he can seek this Courtâ€™s recusal under Rule 63 of the Utah Rules of Civil Procedure, erroneously referring to the Utah Rule as a federal rule. The Utah Rules of Civil Procedure do not apply in this Court. Even if Mr. Richmond had attempted to proceed under the applicable federal statute governing disqualification, 28 U.S.C. Â§ 455, he would be barred from proceeding because he is not a party to this case.”
Collyer also denied a motion by Richmond to unseat the judge that accused her of treason, declaring the matter moot.
Other pro se litigants whose motions were denied today include Christian Oesch, Jeffrey Robinson and Joan Hughes.
“Movants here are not the first to attempt to intervene in this case and seek its dismissal,” Collyer said. “The Court addressed previous motions to intervene in a July 16, 2009, Memorandum Opinion, wherein it found that the motions to intervene must be denied because the movants did not have a cognizable interest in the defendant properties, and therefore did not have standing to contest this forfeiture action.”
“The movants here are in the same position,” Collyer said. “Since these movants are ineligible to intervene and seek dismissal, they are not parties to the case and their motions to set aside forfeiture will also be denied.”
Collyer denied seven pro se motions to intervene July 16.