Opinion

Debose v. Florida Polytechnic University Board of Trustees

Court
District Court, M.D. Florida
Filed
Jun 18, 2025
Cited by
0 cases

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

Angela Debose,

Plaintiff,

v. Case No. 8:25-cv-828-WFJ-AAS

Florida Polytechnic University

Board of Trustees,

Defendant.

_________________________________/

ORDER

Before the Court is Plaintiff’s motion for disqualification. Dkt. 26. In pertinent

part, she argues the undersigned has engaged in “judicial protectionism” by

remanding a related case to State Court after terminating defendant judges based on

judicial immunity (Case No. 8:25-cv-400 at Dkts. 19, 23). Id. at 3–4. She also argues

the Court’s rulings in this case show partiality. Id. at 4–5. Specifically, Plaintiff

challenges the Court denying her motion for default judgment (Dkt. 13),

notwithstanding the Court (1) granting Defendant’s motion for extension of time to

answer (Dkts. 5, 6), and (2) ordering Plaintiff to show cause why her present

complaint is not subject to the bar order entered in Case No. 8:21-cv-2127, Dkt. 81

at 15–16 (Dkt. 15).

A district court judge “shall disqualify himself in any proceeding in which his

impartiality might reasonably be questioned.” 28 U.S.C. § 455(a). He shall

disqualify himself “[w]here he has a personal bias or prejudice concerning a party,

or personal knowledge of disputed evidentiary facts concerning the proceeding.” §

455(b)(1). “Ordinarily, a judge’s rulings in the same or a related case may not serve

as the basis for a recusal motion.” McWhorter v. City of Birmingham, 906 F.2d 674,

678 (11th Cir. 1990). “The judge’s bias must be personal and extrajudicial.” Id. “An

exception to this general rule occurs when the movant demonstrates ‘pervasive bias

and prejudice.’” Id. (citation omitted).

Here, none of Plaintiff’s alleged bases for the undersigned’s recusal involve

either personal bias toward a party or personal knowledge of facts in this case. See

§ 455(b)(1). Plaintiff disagrees with the Court’s rulings in this case and Case No.

8:25-cv-400. Dkt. 26 at 3–5. These are judicial decisions that are not indicative of

pervasive bias and prejudice, and do not serve as bases for recusal. See, e.g.,

McWhorter, 906 F.2d at 678.

Accordingly, it is hereby ORDERED and ADJUDGED:

Plaintiff’s motion for disqualification, Dkt. 26, is DENIED.

DONE AND ORDERED in Tampa, Florida, on June 18, 2025.

/s/ William F. Jung

WILLIAM F. JUNG

UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO:

Counsel of Record

Plaintiff, pro se

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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