Timothy Sneed v. Rosa I. Rodriguez , 517 F. App'x 923 ( 2013 )

Case: 12-14525 Date Filed: 04/30/2013 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 12-14525
Non-Argument Calendar
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D.C. Docket No. 1:11-cv-23774-JAL
TIMOTHY SNEED,
Plaintiff-Appellant,
versus
ROSA I. RODRIGUEZ,
In her individual and official capacity,
ELADIA CHAVEZ,
In her individual capacity,
BOARD OF DIRECTORS AND ADMINISTRATORS -
STATE OF FLORIDA JUDICIAL
QUALIFICATION COMMISSION,
In their individual and official capacities,
JUDICIAL QUALIFICATIONS COMMISSION
OF THE STATE OF FLORIDA,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Florida
________________________
(April 30, 2013)
Case: 12-14525 Date Filed: 04/30/2013 Page: 2 of 3
Before MARCUS, KRAVITCH, and EDMONDSON, Circuit Judges.
PER CURIAM:
Timothy Sneed, a Florida prisoner proceeding pro se, appeals the sua sponte
dismissal of his 42 U.S.C. § 1983 action. The District Court looked to Heck v.
Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994), and 28 U.S.C. §
1367. Sneed also appeals the denial of his motion for recusal of the magistrate
judge.
Briefly stated, Sneed contended that he was fraudulently convicted in his state
criminal trial. The District Court properly dismissed the first two counts of the
complaint under Heck, given that the counts requested monetary damages, and
properly dismissed -- without prejudice -- the third count for lack of supplemental
jurisdiction. The district court also correctly found that Sneed had failed to
demonstrate improper bias by the magistrate: no abuse of discretion in denying
Sneed’s motion for recusal. Objectively viewed, the magistrate seems fully
impartial. Sneed alleged no facts that indicate that the magistrate held the kind of
antagonism toward him that made fair judgment impossible. For background, see
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Case: 12-14525 Date Filed: 04/30/2013 Page: 3 of 3
Liteky v. United States, 510 U.S. 540, 555, 114 S.Ct. 1147, 1157, 127 L.Ed.2d 474(1994).
AFFIRMED.
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