Magistrate Judge E. Thomas Boyle
Easton sought to develop a parcel into a large lot residential community composed of minimum three-acre lots consistent with defendant village’s zoning regulations. Its Dec. 18, 2011, amended complaint sought redress for perceived rights violations stemming from two village moratoriapurportedly an invalid exercise of police powerallegedly depriving it of property and liberty absent due process. In April 2012, while litigation was ongoing, the village ended the moratoria. Second Circuit affirmed the court’s April 27, 2012, dismissal of Easton’s federal claims. However, it remanded Easton’s state law-based claims. The magistrate judge denied Easton’s August 2012 motion seeking recusal pursuant to 28 USC §455(a). In addition to being untimely, each of Easton’s numerous grounds were devoid of merit. Motions for a preliminary injunction and dismissal had been under the magistrate’s jurisdiction for two months prior to oral argument, in which the court showed no favoritism. Further, the magistrate concluded that Easton made no showing, other than speculation, that his prior service as a trustee of a villagein a county differing from that in which defendant village is locatedimpacted his decision-making in Easton’s lawsuit.