United States v. Bell

MEMORANDUM OPINION AND ORDER DENYING DEFENDANTS’ MOTIONS 1) FOR RECUSAL OF UNITED STATES DISTRICT JUDGE; 2) TO RECUSE ASSISTANT UNITED STATES ATTORNEY; AND 3) FOR RECONSIDERATION

I. INTRODUCTION

Defendants filed the following documents June 17,1999:

See Doc. No. 124, 125, 126. The United States filed written opposition to defendants’ demands and requests July 6, 1999. Defendants did not file a written reply.

II. BACKGROUND

In this action the United States sought to set aside fraudulent transfers, reduce tax assessments to judgment, and foreclose tax liens on real property owned by Glen Bell and his spouse Jeanette Bell. On October 23, 1998, Judgment was entered iii this case in favor of the United States and against defendants. See Doe. No. 103. An order of judicial sale was filed December 24, 1998. See Doe. No. 112.

III. DISCUSSION

A. MOTION TO RECUSE UNITED STATES DISTRICT JUDGE

Section 144, Title 28 United States Code, provides for disqualffication "[w]henever 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 personal bias or prejudice ... against him or in favor of any…