United States District Court, D. Hawaii
ORDER DENYING MOTION FOR DISQUALIFICATION OF JUDGE
DERRICK K. WATSON UNITED STATES DISTRICT JUDGE
Anthony T. Williams, proceeding pro se, moves to disqualify
Judge Leslie E. Kobayashi under 28 U.S.C. §§ 144
and 455. Because Williams identifies no valid basis
on which to remove Judge Kobayashi from this case, the Motion
case involves a mortgage rescue scheme covering approximately
200 properties and/or victims. On February 15, 2017, the
grand jury indicted Defendants Anthony Williams and Annabel
Cabebe on 11 counts of wire fraud, in violation of 18 U.S.C.
§ 1343, and 19 counts of mail fraud, in violation of 18
U.S.C. § 1341. On March 28, 2018, the grand jury
returned a Superseding Indictment against Defendants
Williams, Cabebe, and Barbara Williams on 15 counts of wire
fraud and 17 counts of mail fraud. Dkt. No. 154.
September 29, 2017, Magistrate Judge Kenneth Mansfield
granted the government's Motion to Detain Williams
Without Bail. Dkt. No. 35. On March 19, 2018, Williams
filed a Motion for Disqualification of Magistrate Judge
Kenneth Mansfield, which is currently pending before Judge
Kobayashi. Dkt. No. 147.
in this matter is currently set for December 18, 2018. Dkt.
Kobayashi's rulings on the unceasing series of motions
and appeals filed by Williams cannot form the basis of a
motion to disqualify-on their own, they are not proof of bias
or misconduct. Nor, after a careful review of the record, has
Judge Kobayashi “display[ed] a deep-seated favoritism
or antagonism that would make fair judgment
impossible.” Liteky v. United States, 510 U.S.
540, 555 (1994). Williams seeks to disqualify Judge Kobayashi
based on nothing more than conclusory and unsupported
statements of bias.
a reasonable person with knowledge of all facts of this case
would have no reason to conclude that Judge Kobayashi's
impartiality might reasonably be questioned, Williams'
Motion is DENIED.
Applicable Legal Standards
brings his Motion pursuant to 28 U.S.C. §§ 144 and
455. Section 144 provides:
Whenever 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 either against him or in favor of any adverse
party, such judge shall proceed no further therein, but
another judge shall be assigned to hear such proceeding.
The affidavit shall state the facts and the reasons for the
belief that bias or prejudice exists, and shall be filed not
less than ten days before the beginning of the term at which
the proceeding is to be heard, or good cause shall be shown
for failure to file it within such time. A party may file
only one such affidavit in any case. It shall be accompanied
by a certificate of counsel of record stating that it is made
in good faith.
455 provides, in relevant part:
(a) Any justice, judge, or magistrate judge of the United
States shall disqualify himself in any proceeding in which