OPINION AND ORDER
EDMUND A. SARGUS, Jr., Chief District Judge.
Petitioner has filed a Motion for Reconsideration of this Court's dismissal of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 22.) Petitioner complains that the Court was biased against him, because the Court granted him a twenty day extension of time to file objections to the Magistrate Judge's Report and Recommendation, rather than the thirty day extension of time that he had requested and did not rule on his request for an additional sixty days to file a supplemental brief or grant his request for the appointment of counsel prior to issuance of the March 13, 2017, Opinion and Order overruling his Objection and dismissing this action. (Doc. 20.) Petitioner further contends that the Court must be biased against him in view of the facts of the case and in view of the summary denial of his request for the appointment of counsel. Petitioner requests reconsideration of the final judgment of dismissal of this case on this basis. He has filed a Motion for Recusal (Doc. 23) on these same grounds. Additionally, Petitioner again argues that, contrary to the factual findings of the state appellate court, the victim did not identify him as one of her assailants before she died and his attorney should have called an expert witness to establish that the victim could not have done so. For the reasons that follow, Petitioner's Motion for Reconsideration (Doc. 22) and Motion for Recusal (Doc. 23) are
Rule 60(b) of the Federal Rules of Civil Procedure provides:
The Court will not now again address, in the context of a Rule 60(b) motion, Petitioner's repeated arguments that the Court improperly rejected his claims on the merits. Such arguments are not properly addressed in Rule 60(b) proceedings. See Gonzalez v. Crosby, 545 U.S. 524, 532 (2005)(a Rule 60(b) motion that attacks the federal court's previous resolution of a claim on the merits constitutes a successive habeas corpus petition and is subject to the requirements for the filing of successive petitions); Franklin v. Jenkins, 839 F.3d 465, 473 (6
Further, Petitioner has provided no basis for reconsideration of the final judgment of dismissal of this case. The record is without support for Petitioner's claim of judicial bias. The Court provided Petitioner with more than ample opportunity to file objections to the Magistrate Judge's recommendation of dismissal. On December 21, 2016, the Court vacated its prior dismissal of this action and granted Petitioner an extension of twenty days to file objections to the Magistrate Judge's Report and Recommendation, as Petitioner had indicated that he did not timely receive notice of the Magistrate Judge's Report and Recommendation, and that he did not have sufficient time to prepare his objections. (See Docs. 14, 15.) The Court then granted Petitioner an additional extension of time until March 2, 2017, to file further arguments in support of his Objection, which he presented in his Motion for Supplemental Brief and Second Motion for Supplemental Brief. See Opinion and Order (Doc. 20.) Further, the record fails to reflect that this case was unduly complex or that Petitioner could not adequately present his arguments such that the interests of justice or due process required the appointment of counsel.
Miller v. Voories, No. 2:09-cv-00230, 2010 WL 654006, at *2 (S.D. Ohio Feb.19, 2010) (quoting Hoggard v. Purkett, 29 F.3d 469, 471 (8th Cir. 1994)). The Court's summary denial of Petitioner's request for the appointment of counsel after the filing of his objections does not reflect bias on the part of the Court or a basis for reconsideration of the final judgment of dismissal.
Under 28 U.S.C. § 455(a), a judge "shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." Recusal is warranted where the judge "has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding," has served as a lawyer in the matter in private practice or has practiced law with an attorney who did, has previously expressed an opinion concerning the merits of the case, has a financial interest in the subject matter in controversy "or any other interest that could be substantially affected by the outcome of the proceeding." 28 U.S.C. § 455(b). Recusal is justified "`only if a reasonable person with knowledge of all the facts would conclude that the judge's impartiality might reasonably be questioned.'" United States v. Story, 716 F.2d 1088, 1091 (6th Cir. 1983)(quoting Trotter v. International Longshoremen's & Warehousemen's Union, 704 F.2d 1141, 1144 (9th Cir. 1983)). This standard is an objective standard and not based on the subjective view of the particular litigant. United States v. Summons, 918 F.2d 592, 599 (6th Cir. 1990); Wheeler v. Southland Corp., 875 F.2d 1246, 1251 (6th Cir. 1989). Absent such disqualifying factors, however, "a federal judge has a duty to sit where not disqualified which is equally as strong as the duty to not sit where disqualified." Laird. v. Tatum, 409 U.S. 824, 837 (1972)(emphasis omitted).
Under 28 U.S.C. § 144,
Petitioner has not filed such an affidavit, and his request for recusal is not timely. Moreover, the Sixth Circuit has noted:
Zimmer v. United States, 780 F.2d 1024 (Table), unpublished, 1985 WL 13998, at *1 (6th Cir. Nov. 15, 1985).
The records of this Court offer no basis for Petitioner's allegations of bias. Notably, "judicial rulings alone almost never constitute a valid basis for a bias or partiality motion." Liteky v. United States, 510 U.S. 540, 555 (1994). "[O]pinions formed by the judge on the basis of facts introduced or events occurring in the course of . . . prior proceedings, do not constitute a basis for bias or partiality." Id, at 555. Moreover, the undersigned has conducted a de novo and independent review of the record in this action.
Petitioner's Motion for Reconsideration (Doc. 22) and Motion for Recusal (Doc. 23) therefore are