Opinion

Debose v. Florida Polytechnic University Board of Trustees

Court
District Court, M.D. Florida
Filed
Jun 26, 2025
Cited by
0 cases
Authority
More cited than 37.1%

finding a reasonable person would not find partiality based on unsupported, conclusory statements that “secret discussions” occurred between the defendant and the court

How later courts described this case

  • finding a reasonable person would not find partiality based on unsupported, conclusory statements that “secret discussions” occurred between the defendant and the court

Written by the judges who cited it.

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 second motion for disqualification, brought

pursuant to 28 U.S.C. §§ 455, 144. Dkt. 34. In pertinent part, she asserts the Court

is partial because of “ex parte communications” that allegedly occurred. Id. at 6–7.

Specifically, the attached affidavit of Plaintiff’s brother states he was at the Sam M.

Gibbons United States Courthouse on June 10, 2025. Id. at 9. He saw five people he

believed to be either judges or judicial staff who are presiding over, defendants in,

or witnesses in the various cases Plaintiff and her siblings have pending in Florida.

Id. at 9–10. Affiant “suspect[s] or reasonably believe[s]” that group of people “went

to the Middle District of Florida, Tampa Division location to meet with Judge

[Steven D.] Merryday and/or William F. Jung.” Id. at 10. He believes some sort of

conspiracy was entered. Id. at 12.

The affidavit attached to Plaintiff’s motion is not relevant to the present

proceeding, and is in fact pure fantasy. No serious person would consider it as bona

fide. Plaintiff has failed to show the Court has a personal bias or prejudice

concerning a party in this case; recusal is not justified. See § 455; § 144; Fox v.

Prudential Fin., 178 F. App’x 915, 919 (11th Cir. 2006) (finding a reasonable person

would not find partiality based on unsupported, conclusory statements that “secret

discussions” occurred between the defendant and the court); Rhodes v. MacDonald,

670 F. Supp. 2d 1363, 1370–72 (M.D. Ga. 2009), aff’d, 368 F. App’x 949 (11th Cir.

2010) (finding (1) the affidavit supporting the motion for recusal was insufficient

because it was not executed by the aggrieved party to the action, as required by §

144, and (2) the unsubstantiated and false accusation that the judge ex parte met with

a third party did not support recusal).

Accordingly, it is hereby ORDERED and ADJUDGED:

Plaintiff’s second motion for disqualification, Dkt. 34, is DENIED.

DONE AND ORDERED in Tampa, Florida, on June 26, 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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