The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 23-24242-CIV-GAYLES
MARTHA MAY EDGERTON,
Plaintiff,
v.
THE SCHOOL BOARD OF
MIAMI-DADE COUNTY, FLORIDA,
Defendant.
___________________________________/
ORDER
THIS CAUSE came before the Court on Plaintiff’s Motion to Recuse (the “Motion”).
[ECF No. 36]. The Court has reviewed the Motion and the record and is otherwise fully advised.
BACKGROUND
Plaintiff, appearing pro se, filed this action against the School Board of Miami-Dade
County, Florida (“Defendant”), alleging claims for employment discrimination (Count I),
harassment (Count II), and retaliation (Count III) under Title VII of the Civil Rights Act of 1964.
She also asserts a negligence claim for failing to properly maintain the business premises (Count
IV). In her Motion, Plaintiff contends that the Court has a conflict of interest based on its
participation in the 5000 Role Models of Excellence program (the “Program”). [ECF No. 36]. In
particular, Plaintiff alleges that the Court’s participation as a mentor in the Program is a basis for
recusal because (1) her supervisor attends events for the Program, (2) the Program was founded
by a former employee and member of the Board, and (3) the Program has an office in
Defendant’s administration building. Id.
DISCUSSION
“Two federal statutes, 28 U.S.C. §§ 144 and 455, govern recusal [and are] construed in
pari materia.” Ray v. Equifax Info. Services, LLC, 327 F. App’x 819, 824 (11th Cir. 2009)
(internal citation omitted). “Under these statutes, judges are presumed to be impartial[,] and the
movant bears the burden of demonstrating an objectively reasonable basis for questioning the
judge’s impartiality.” Guthrie v. United States, 12-22193-CIV, 2013 WL 5536117, at *1-2 (S.D.
Fla. Oct. 7, 2013).
Section 445(a) mandates that a judge “disqualify himself in any proceeding in which his
impartiality might reasonably be questioned.” 28 U.S.C. § 455(a). In addition, § 455(b) mandates
that a judge “disqualify himself” when “he has a personal bias or prejudice concerning a party, or
personal knowledge of disputed evidentiary facts concerning the proceeding[.]” 28 U.S.C. §
455(b)(1).1 “Under § 455, the standard is whether an objective, fully informed lay observer
would entertain significant doubt about the judge’s impartiality.” Thomas v. Tenneco Packaging
Co., 293 F.3d 1306, 1329 (11th Cir. 2002) (internal quotations omitted). Here, the Motion does
not contain sufficient detail to find that an objective observer would question the Court’s
impartiality. Indeed, Plaintiff does not explain how the Program is connected to her lawsuit other
than having an office at the Defendant’s Administration Building. And there’s nothing to suggest
that the Court knows or has even met Plaintiff’s supervisor or any other potential witness. As a
result, the Motion is denied without prejudice.
In addition, 28 U.S.C. § 144 provides:
Whenever a party to any proceeding in a district court makes and files a timely
and sufficient affidavit that the judge before whom the matter is pending has a
1 The other grounds for disqualification under § 455(b) are not applicable here.
2
personal bias or prejudice either against him or in favor of any adverse party, such
judge shall proceed no further therein, but another judge shall be assigned to hear
such proceeding.
The affidavit shall state the facts and the reasons for the belief that bias or
prejudice exists, and shall be filed not less than ten days before the beginning of
the term at which the proceeding is to be heard, or good cause shall be shown for
failure to file it within such time. A party may file only one such affidavit in any
case. It shall be accompanied by a certificate of counsel of record stating that it is
made in good faith.
28 U.S.C. § 144. Here, Plaintiff failed to file an affidavit stating facts to show bias or prejudice.
As a result, the Motion fails to comply with § 144 and shall be dismissed.
Accordingly, it is ORDERED AND ADJUDGED that Plaintiff's Motion to Recuse,
[ECF No. 36], is DENIED without prejudice.
DONE AND ORDERED in Chambers at Miami, Florida, this 12th day of July, 2024.
DARRIN P. GAYLES
UNITED STATES DIST JUDGE