Farkas v. Ellis
The court addressed the plaintiffs' motion for recusal of Judge William C. Conner, based on allegations of bias and prejudice. Plaintiffs cited judicial acts and statements, as well as a perceived 'working relationship' between the judge and the Administrator, Mr. Ellis. The Court denied the recusal motion, stating that the alleged bias did not stem from an extrajudicial source, which is a requirement for disqualification under 28 U.S.C. §§ 144 and 455(b)(1). The Court also clarified that even under the objective 'reasonable person' standard of 28 U.S.C. § 455(a), no appearance of partiality was established. Furthermore, the Court raised concerns regarding subject matter jurisdiction, ordering plaintiffs to show cause why the action should not be dismissed, as the Administrator, Mr. Ellis, is not an 'agency' under the cited statutes (5 U.S.C. §§ 702 and 706) for judicial review of agency actions.