IN THE SUPERIOR COURT OF MUSCOGEE COUNTY STATE OF GEORGIA CRISTINA M. PRESTON, f/k/a CRISTINA M. COLE Plaintiff, vs.

MAYNARD MARTIN COLE, Defendant. MOTION SU-06-DM-4132-7 CIVIL ACTION FILE NO.

MOTION TO RECUSE OR DISQUALIFY JUDGE DOUGLAS C. PULLEN COMES NOW, the Defendant MAYNARD MARTIN COLE pro-se and files this Motion for VOLUNTARY RECUSAL OF JUDGE DOUGLAS C. PULLEN pursuant to 28 U.S.C. 455. Under 455, a judge should recuse himself if his impartiality might be reasonably questioned or if he has a personal bias or prejudice concerning a party. 28 U.S.C. 455(a), (b)(1). A judge should be disqualified if a reasonable person, apprised of all the facts and circumstances, would question the judges impartiality. United States v. Killough, 848 F.2d 1523, 1529 (11th Cir. 1988.) Defendant moves that The Honorable Judge Douglas C. Pullen has undisclosed personal relationships with parties related to the plaintiff in this case and has failed to ever disclose these relationships as matter of court record. Further Defendant believes that the Judges personal relationships with these parties has caused him to improperly assist the plaintiff by allowing excessive and multiple delays, thus extending a temporary order for evaluation that temporarily terminated all parental rights of the Defendant and his children to the point the temporary order is now three (3) years old and the total dilation of this case is nearly five (5) years with no resolution. Judge Douglas C. Pullen has previously been given notice of the multiple and excessive delays by opposing counsel in the abovementioned case and has delayed temporary hearings and trial dates himself on multiple occasions, all as more particularly appears in the Affidavit submitted herewith. 1. Recent difficulties in obtaining a final trial date from Judge Pullen and his staff and review of Judge Pullens behavior towards the petitioner and his attorneys in past hearings, have made it clear to the Petitioner that unless Judge Pullen recuses himself or is disqualified, the bent mind that has led to the extreme dilation of this case will result in more delays and inhibit the Petitioner and the parties childrens rights to a fair and impartial trial of the final resolution of the abovementioned matter. WHEREFORE, petitioner respectfully moves and prays that: the Honorable Douglas C. Pullen remove and disqualify himself as judge, or that this motion be heard by a judge other than Judge Pullen to the end that another judge be assigned to hear and try all matters in the abovementioned matter and maintain the currently scheduled dates for the final disposal of the abovementioned matter.
Submitted this day_________of ___________________2011. Prepared and submitted by: ______________________________ Maynard Martin Cole Defendant Pro Se 7508 Pinnacle Ct. Montgomery, AL 36117 Phone 706-289-9400 1 of 2