WITCHARD v. SURAMPUDI et al
| JOSEPH WITCHARD |
| VIJAYA S. SURAMPUDI, MATTHEW H. SOLOMSON, UNITED STATES ATTORNEY GENERAL'S OFFICE, OFFICE OF THE GENERAL COUNSEL and UNITED STATES ATTORNEY'S OFFICE |
| 1:2024cv00296 |
| January 30, 2024 |
| US District Court for the District of Columbia |
| Dabney L Friedrich |
| Prisoner Petition: Civil Rights (Other) |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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MINUTE ORDER denying the plaintiff's #8 Motion for Leave to Amend Complaint. As the Court discussed in its February 22, 2024 order, the plaintiff is required to comply with this Court's local rules. See Order of Feb. 22, 2024, Dkt. 7. This includes Local Rule 15.1's requirement that a "motion for leave to file an amended pleading shall attach, as an exhibit, a copy of the proposed pleading as amended" and Local Rule 7(i)'s requirement that a "motion for leave to file" be "accompanied by an original of the proposed pleading as amended." Again, the plaintiff's motion to amend contains a new set of allegations but fails to attach a proposed amended pleading in full, as required under the Local Rules. The motion is thus DENIED for failure to comply with the Local Rules. Further, although the plaintiff proposes adding a count against the Court in his amended pleading, the Court will not recuse. Under 28 U.S.C. 455(b)(5)(i), a judge must disqualify herself when she "[i]s a party to [a] proceeding." "[C]ourts have construed this section as not requiring automatic disqualification," and courts "have refused to disqualify themselves" under this provision "unless there is a legitimate basis for suing the judge." Rodriguez ex rel. Rodriguez-Hazbun v. Nat'l Ctr. for Missing & Exploited Children, No. 03-cv-2005, 2005 WL 736526, at *16 (D.D.C. Mar. 31, 2005) (cleaned up). Here, the proposed amended complaint does not offer a "legitimate basis" for adding the Court as a defendant because the new count is plainly frivolous. It is not clear on the face of the new claim what relief the plaintiff seeks. And even assuming he seeks damages and injunctive relief, the plaintiff has not reckoned with the claim's basic defects, including absolute judicial immunity for damages claims and a failure to show a lack of availability of remedies at law or risk of irreparable harm. Indeed, the plaintiff's new claim "look[s] like a transparent attempt to judge-shop." Order at 2, Webb v. Meta, No. 23-cv-816 (D.D.C. Mar. 7, 2024), Dkt. 56 (cleaned up). The Clerk of Court is directed to mail a copy of this Order to the plaintiff's address of record. So Ordered by Judge Dabney L. Friedrich on March 18, 2024. (lcdlf2)
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| Filing 8 MOTION for Leave to File Amended Complaint by JOSEPH WITCHARD. (Attachments: #1 Amended Complaint, #2 Exhibit)(mg) |
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Filing 7
ORDER denying the plaintiff's #5 and #6 Emergency Motion for Reconsideration with Adjoining Motion for Leave to Amend Complaint. The Clerk of Court is directed to mail a copy of this Order to the plaintiff's address of record. See text for details. Signed by Judge Dabney L. Friedrich on February 22, 2024. (lcdlf2)
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| Filing 6 ERRATA by JOSEPH WITCHARD re #5 Motion for Reconsideration, Motion for Leave to File Amended Complaint. (mg) . |
| Filing 5 Emergency MOTION for Reconsideration, MOTION for Leave to File Amended Complaint by JOSEPH WITCHARD. (mg) |
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Filing 4
ORDER denying the plaintiff's #2 Adjoining Motion for Mandatory Injunction. See text for details. The Clerk of Court is directed to mail a copy of this Order to the plaintiff's address of record. Signed by Dabney L. Friedrich on February 2, 2024. (lcdlf2)
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Filing 3
STANDARD ORDER for Civil Cases. See text for details. The Clerk of Court is directed to mail a copy of this order to the plaintiff's address of record. Signed by Judge Dabney L. Friedrich on February 2, 2024. (lcdlf2)
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| Filing 2 MOTION for Preliminary Injunction by JOSEPH WITCHARD. (mg) Modified relief on 2/2/2024 (mg). |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 405, receipt number 206552) with Jury Demand filed by JOSEPH WITCHARD. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(mg) |
| Summons (5) Issued as to All Defendants. (mg) |
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