IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

AUSTIN DIVISION 

JEROME CORSI AND LARRY § 

KLAYMAN, § 

PLAINTIFFS, § 

§ 

V. § 

§ 

INFO WARS, LLC; FREE SPEECH § 

SYSTEMS, LLC; ALEX E. JONES; § 

DAVID JONES; OWEN SHROYER; § 

AND ROGER STONE, § 

DEFENDANTS. § 

[) 1 U 

21 R 26 ri 

CAUSE NO. 1:20-CV-298-LY 

Before the court in the above-styled and numbered cause is Plaintiffs Jerome Corsi and 

Larry Klayman's Motion to Have Presiding Judge Decide Outstanding Motions to Dismiss filed 

April 13, 2021 (Doe. #101), Defendants Free Speech Systems, LLC, Infowars, LLC, Alex E. Jones, 

and Owen Shroyer's response filed April 15, 2021 (Doe. #103), Defendant David Jones's response 

filed April 15, 2021 (Doe. #104), Defendant Roger Stone's response filed April 15, 2021 (Doe. 

#105), and Corsi and Klayman's reply filed April 19, 2021 (Doe. #106). 

The court construes the motion as a motion to recuse United States Magistrate Judge 

Andrew Austin. See 28 U.S.C. § 455.' Corsi and KJayman allege that Judge Austin demonstrated 

prejudice against them and the subject matter of this suit through comments that they assert are a 

"prejudgment." To obtain recusal a movant must show that a reasonable person, knowing all the 

circumstances, would harbor doubts about the judge's impartiality. Chitimacha Tribe of La. v. HarryL. Laws Co., Inc., 690 F.2d 1157, 1165 (5th Cir. 1982). 

1 "Any justice, judge, or magistrate judge of the United States shall disqualif' himself in any 

proceeding in which his impartiality might reasonably be questioned." 28 U.S.C. § 455(a). A 

judge must recuse himself if he has personal bias or prejudice against a party. Id. at § 455(b)(1). 

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The alleged bias must stem from an extrajudicial source and result in an opinion on the 

merits on some basis other than what the judge learned from his participation in the case. United 

States v. MMR Corp., 954 F.2d 1040, 1045 (5th Cir. 1992) (citations omitted). For Corsi and 

Klayman to prevail on the motion to recuse, they must do more than identify judicial conduct that 

is apparently prejudicial or partialthey must identify prejudicial or partial conduct that is 

extrajudicial in nature, that is conduct not within the judicial context. In re Corrugated Container 

Antitrust Litig., 614 F.2d 958, 965 (5th Cir. 1980); see also Litkey v. United States, 510 U.S. 540, 

554 (1994) ("Opinions formed by the judge on the basis of facts introduced or events occurring in 

the course of the current proceedings, or of prior proceedings, do not constitute a basis for a bias 

or partiality motion unless they display a deep-seated favoritism or antagonism that would make 

fair judgment impossible."). Additionally, "judicial rulings alone almost never constitute valid 

basis for a bias or partiality motion." Litekey, 510 U.S. at 555; see also Trust Co. of La. v. N NP., 

Inc., 104 F.3d 1478, 1491 (5th Cir. 1997) (holding that adverse rulings, even those involving 

admonishments, do not demonstrate trial judge's impartiality and or warrant recusal). 

The court will deny Corsi and Klayman's motion to recuse because their allegations of bias 

and prejudice are speculative and fail to show that a reasonable person would harbor doubts about 

impartiality in this case. Moreover, Corsi and Klayman have not shown that the alleged bias is 

personal rather than judicial in nature. Accordingly, 

IT IS ORDERED that Corsi and Klayman's motion (Doc. #101) is DENIED. 

SIGNED this day of April, 2021. 

UN ED STATE DISTRICT JUDGE 

2 

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