District Judge Lawrence E. Kahn


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Invoking 42 USC §1983, pro se plaintiff, Myers, alleged his civil rights were violated after he was arrested for driving while intoxicated. Construing plaintiff’s claims surviving initial review under 28 USC §1915(e) as alleging that police officer Gambino deprived him of due process by giving false testimony at plaintiff’s bench trial, the court’s March 24, 2017 decision order (March Order) dismissed suit on grounds Gambino was entitled to absolute immunity under §1983 for his trial testimony as a police officer. The court denied plaintiff’s motion to reconsider its March Order and also his motion that it recuse itself from litigation because it “created a false path to assist the defense.” In denying reconsideration, the court determined that plaintiff sought to re-litigate issues already decided and failed to point to any intervening change of controlling law, new evidence, or need to correct clear error or prevent manifest injustice. As to recusal, nothing in the record or plaintiff’s submission suggested the court harbored favoritism towards defendants or antagonism toward plaintiff, such that its impartiality could reasonably be questioned. Thus, recusal would be inappropriate under 28 USC §§144 or 455 as to plaintiff’s speculative, unsupported claims of partiality.