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Civil Rights: Other | Wisconsin Western
Text Only Order
** TEXT ONLY ORDER **Seven months after this court dismissed plaintiff's case for failure to prosecute it (dkt. # 6 ), plaintiff has filed a motion to vacate that judgment and file a proposed amended complaint, arguing that he was homeless and lost access to the electronic filing system. (Dkt. ## 8 - 9 .) As he has done in other cases, he also moves for my recusal, arguing that I am biased and prejudiced against him because I issued an order in Case No. 24-874 (dkt. # 7 ), threatening him with sanctions if he engaged in any further abusive behavior toward court personnel. (Dkt. # 10 .) Under Rule 60(b), a court may relieve a party from a final judgment for inadvertence or excusable neglect, but only if the motion is filed within a "reasonable time." Fed. R. Civ. P. 60(b)(1) and (c). While plaintiff says that he was homeless and could not use the electronic filing system, he waited seven months to contact the court to explain his situation, which he could have done much earlier, by some other means. See Nikollbibaj v. US Foods, Inc., No. 25-2123, 2026 WL 1998670, at *3 (7th Cir. July 10, 2026) (finding plaintiff's 11-month delay in seeking relief under Rule 60 was unreasonable even where plaintiff's attorney suffered debilitating stroke leading to dismissal of case for lack of prosecution). And the issuance of a sanctions warning does not warrant my recusal, as unfavorable "judicial rulings alone almost never constitute a valid basis for a bias or partiality motion"; instead, "they are proper grounds for appeal, not for recusal." Liteky v. United States, 510 U.S. 540, 555 (1994). Accordingly, plaintiff's motions (dkt. ## 8 - 10 ) are DENIED. Signed by District Judge William M. Conley on 7/16/2026. (jef),(ps)
Recusal
Motion for Recusal by Plaintiff Michael Green. (Green, Michael),(ps)
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