Coy Patriot }
Petitioner } C/A No: 8:06-cv
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Vs. } MOTION TO RECUSE
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United States of America et al. }
Respondent }
Petitioner Coy Patriot hereby files his Motion to Recuse, based on the following reasons:
1. The Honorable G. Ross Anderson USDJ- DCSC (hereinafter Judge Anderson) is personally prejudiced against Coy Patriot and his assistant Robert Clarkson more so. Everybody in the district court in South Carolina knows that Clarkson is assisting Patriot. See Patriot affidavit. The pleadings used by Patriot have been used by associates of Clarkson and others in federal courts hundreds of times.
2. Judge Anderson sua sponte issued his show case order to Patriot to explain why he should not pay Rule 11 damages. This unusual order is clear evidence of prejudice against Patriot. The DOJ did not file a request for this because they knew that these package pleadings have been used in hundreds of cases in Federal court and have always been accepted by the courts and the government.
3. Judge Anderson is unable to serve in this case as an impartial decision maker. Therefore he should assign this case to another District Judge. This switch would not affect opposing parties in any way. Like Caesar’s wife, judges should avoid even the appearance of favoritism or animosity.
4. At the hearing in a companion case on October 18, 2005, Judge Anderson repeatedly used the term “tax protestor” against Patriot, including page 21 of transcript of that date. The fact is that, as Patriot continually points out, he has no political zeal against the tax system, but was a normal taxpayer. Patriot lost a vast amount of money in a failed business investment and was unable to keep his bills current.
5. Most attorneys are afraid of the IRS and Patriot needed help. His wife (also assisted by Dr. Clarkson) is now in full compliance with the IRS and paid all taxes as agreed. She also has no political views dealing with taxes.
6. Judge Anderson is extremely prejudiced against Patriot’s assistant Dr. Clarkson, who has made one appearance at the IRS to assist the Patriot in reaching a settlement with the IRS.
Clarkson’s attached Affidavit points out the decades long tirade against him by Judge Anderson. Incidentally Clarkson is an extreme strong supporter of an independent judiciary and believes that Judge Anderson is a very independent judge. Clarkson alleges the Fourth Circuit has ordered Judge Anderson to remove himself from all cases dealing with Clarkson.
7. Judge Anderson based his show cause order on the fact that he ruled against me in a similar case. However, the clerk’s office did not send me a copy of that order and I appealed on an incorrect order. Since the basis of this matter is the prior order of Judge Anderson, another Judge should make the Rule 11 damage decision.
8. In conclusion, Judge Anderson is well known for holding his opinions dearly and is unlikely to change his feelings about Patriot. Therefore, a more neutral Judge would be a position to appear to make a more fair and impartial decision.
Certificate of Service: I do hereby certify that on this date I mailed properly a copy of this pleading to opposing counsel.
_____________________ November 24, 2006
Coy Patriot, Pro Se