JOhnny Traylor v. P'ship Title Co., LLC, 491 F. App'x 988 (11th Cir. 2012). · Go Syfert
JOhnny Traylor v. P'ship Title Co., LLC, 491 F. App'x 988 (11th Cir. 2012). Cases Citing This Book View Copy Cite
72 citation events (72 in the last 25 years) across 3 distinct courts.
Strongest positive: Luria v. Burr & Forman, LLP (gand, 2025-08-15)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
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Top citers, strongest first. 38 distinct citers. How cited ↗
discussed Cited as authority (rule) Luria v. Burr & Forman, LLP
N.D. Ga. · 2025 · confidence medium
LEGAL STANDARD In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., 491 F. App’x 988, 989 (11th Cir. 2012).
discussed Cited as authority (rule) Dixon v. City of Atlanta
N.D. Ga. · 2024 · confidence medium
LEGAL STANDARD In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., 491 F. App’x 988, 989 (11th Cir. 2012).
discussed Cited as authority (rule) Doe v. ESA P Portfolio LLC
N.D. Ga. · 2024 · confidence medium
LEGAL STANDARD In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., 491 F. App’x 988, 989 (11th Cir. 2012).
discussed Cited as authority (rule) Dio Medical Corporation v. RC3 Innovations, LLC
N.D. Ga. · 2024 · confidence medium
LEGAL STANDARD In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., 491 F. App’x 988, 989 (11th Cir. 2012).
cited Cited as authority (rule) Doane v. Tele Circuit Network Corporation
N.D. Ga. · 2024 · confidence medium
Title Co., 491 F. App’x 988, 989 (11th Cir. 2012).
discussed Cited as authority (rule) Bolton-Curley v. Bounce Media, LLC
N.D. Ga. · 2024 · confidence medium
LEGAL STANDARD In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., 491 F. App’x 988, 989 (11th Cir. 2012).
discussed Cited as authority (rule) Sany America Inc. v. The G.W. Van Keppel Company
N.D. Ga. · 2024 · confidence medium
LEGAL STANDARD In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., 491 F. App’x 988, 989 (11th Cir. 2012).
discussed Cited as authority (rule) LifeBrite Laboratories, LLC v. Blue Cross Blue Shield of Florida, Inc.
N.D. Ga. · 2024 · confidence medium
Legal Standard In evaluating a motion to dismiss under Rule 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., LLC, 491 F. App’x 988, 989 (11th Cir. 2012). “[A] plaintiff’s obligation to provide the grounds of his entitlement to relief[, however,] requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell Atl.
discussed Cited as authority (rule) Braswell v. InCorp Services, Inc.
N.D. Ga. · 2024 · confidence medium
At bottom, the complaint must contain more than “an unadorned, the-defendant-unlawfully-harmed-me accusation,” id., and must “plead[] factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Traylor v. P’ship Title Co., 491 F. App’x 988, 990 (11th Cir. 2012) (quoting Iqbal, 556 U.S. at 678 ).
discussed Cited as authority (rule) Rogers v. Bon Appetit Management Company
N.D. Ga. · 2023 · confidence medium
LEGAL STANDARD In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., 491 F. App’x 988, 989 (11th Cir. 2012).
discussed Cited as authority (rule) United States v. $42,540.00 in United States Currency
N.D. Ga. · 2023 · confidence medium
In evaluating a motion to dismiss under Rule 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., 491 F. App’x 988, 989 (11th Cir. 2012).
discussed Cited as authority (rule) Chase v. The Haskell Company
N.D. Ga. · 2023 · confidence medium
In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., 491 F. App’x 988, 989 (11th Cir. 2012).
discussed Cited as authority (rule) Vote.org v. Georgia State Election Board
N.D. Ga. · 2023 · confidence medium
In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., 491 F. App’x 988, 989 (11th Cir. 2012).
discussed Cited as authority (rule) Swanson v. Cobb County Department of Family and Children Services
N.D. Ga. · 2023 · confidence medium
The complaint must contain more than “an unadorned, the- defendant-unlawfully-harmed-me accusation,” id., and must “plead[] factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Traylor v. P’ship Title Co., 491 F. App’x 988, 990 (11th Cir. 2012) (quoting Iqbal, 556 U.S. at 678 ).
discussed Cited as authority (rule) Eckart v. Allstate Northbrook Indemnity Company
N.D. Ga. · 2023 · confidence medium
LEGAL STANDARD In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., 491 F. App’x 988, 989 (11th Cir. 2012).
discussed Cited as authority (rule) Rogers v. Bon Appetit Management Company
N.D. Ga. · 2022 · confidence medium
At bottom, the complaint must contain more than “an unadorned, the-defendant-unlawfully-harmed-me accusation,” id., and must “plead[] factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Traylor v. P’ship Title Co., 491 F. App’x 988, 990 (11th Cir. 2012) (quoting Iqbal, 556 U.S. at 678 ).
discussed Cited as authority (rule) Cook v. Cobb County, Georgia
N.D. Ga. · 2022 · confidence medium
LEGAL STANDARD In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., 491 F. App’x 988, 989 (11th Cir. 2012).
discussed Cited as authority (rule) Barkley v. Stackpath, LLC
N.D. Ga. · 2022 · confidence medium
In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., 491 F. App’x 988, 989 (11th Cir. 2012).
discussed Cited as authority (rule) G.W. v. Northbrook Industries, Inc.
N.D. Ga. · 2022 · confidence medium
LEGAL STANDARD In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., 491 F. App’x 988, 989 (11th Cir. 2012).
discussed Cited as authority (rule) A.G. v. Northbrook Industries, Inc.
N.D. Ga. · 2022 · confidence medium
LEGAL STANDARD In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., 491 F. App’x 988, 989 (11th Cir. 2012).
discussed Cited as authority (rule) Johnson v. City of Atlanta
N.D. Ga. · 2022 · confidence medium
In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), a court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., 491 F. App’x 988, 989 (11th Cir. 2012).
discussed Cited as authority (rule) O'Neill v. Khuzami
N.D. Ga. · 2022 · confidence medium
LEGAL STANDARD In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., 491 F. App’x 988, 989 (11th Cir. 2012).
discussed Cited as authority (rule) Keystone Capital Partners, Inc. v. Jack
N.D. Ga. · 2022 · confidence medium
LEGAL STANDARD In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., 491 F. App’x 988, 989 (11th Cir. 2012).
discussed Cited as authority (rule) Brown v. Dewalt
N.D. Ga. · 2021 · confidence medium
LEGAL STANDARD In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., 491 F. App’x 988, 989 (11th Cir. 2012).
cited Cited as authority (rule) JTH Tax LLC v. Robertson
N.D. Ga. · 2021 · confidence medium
Traylor v. P’ship Title Co., 491 F. App’x 988, 989 (11th Cir. 2012).
discussed Cited as authority (rule) Inform Inc. v. Google LLC
N.D. Ga. · 2021 · confidence medium
In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., LLC, 491 F. App’x 988, 989 (11th Cir. 2012).
discussed Cited as authority (rule) Paraison v. Nationstar Mortgage, LLC
N.D. Ga. · 2021 · confidence medium
DISCUSSION A. Legal Standard In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., LLC, 491 F. App’x 988, 989 (11th Cir. 2012). “[A] plaintiff’s obligation to provide the grounds of his entitlement to relief[, however,] requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell Atl.
discussed Cited as authority (rule) Gleaton v. Snow
N.D. Ga. · 2021 · confidence medium
ANALYSIS A. Motion to Dismiss In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., LLC, 491 F. App’x 988, 989 (11th Cir. 2012). “[A] plaintiff’s obligation to provide the grounds of his entitlement to relief[, however,] requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell Atl.
discussed Cited as authority (rule) Gleaton v. Cacciatore
N.D. Ga. · 2021 · confidence medium
ANALYSIS A. Motion to Dismiss In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., LLC, 491 F. App’x 988, 989 (11th Cir. 2012). “[A] plaintiff’s obligation to provide the grounds of his entitlement to relief[, however,] requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell Atl.
discussed Cited as authority (rule) Barnes v. Medtronic, Inc.
N.D. Ga. · 2021 · confidence medium
LEGAL STANDARD In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., LLC, 491 F. App’x 988, 989 (11th Cir. 2012).
discussed Cited as authority (rule) The Estate of Scott Schultz v. Board of Regents of University System of Georgia
N.D. Ga. · 2021 · confidence medium
LEGAL STANDARD In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., LLC, 491 F. App’x 988, 989 (11th Cir. 2012).
discussed Cited as authority (rule) Jenkins v. Prime Insurance Co.
D. Utah · 2021 · confidence medium
ANALYSIS A. Motion to Dismiss In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., LLC, 491 F. App’x 988, 989 (11th Cir. 2012). “[A] plaintiff’s obligation to provide the grounds of his entitlement to relief[, however,] requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell Atl.
discussed Cited as authority (rule) Jenkins v. Prime Insurance Co.
N.D. Ga. · 2021 · confidence medium
ANALYSIS A. Motion to Dismiss In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., LLC, 491 F. App’x 988, 989 (11th Cir. 2012). “[A] plaintiff’s obligation to provide the grounds of his entitlement to relief[, however,] requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell Atl.
discussed Cited as authority (rule) Gordon v. National Seating & Mobility, Inc.
N.D. Ga. · 2021 · confidence medium
Title Co., LLC, 491 F. App’x 988, 989 (11th Cir. 2012). “[A] plaintiff’s obligation to provide the grounds of his entitlement to relief[, however,] requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell Atl.
discussed Cited as authority (rule) Wang v. American Equity Investment Life Insurance Company
N.D. Ga. · 2021 · confidence medium
DISCUSSION A. Standard of Review In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., LLC, 491 F. App’x 988, 989 (11th Cir. 2012). “[A] plaintiff’s obligation to provide the grounds of his entitlement to relief[, however,] requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell Atl.
discussed Cited as authority (rule) Gilreath Family & Cosmetic Dentistry, Inc. v. The Cincinnati Insurance Company
N.D. Ga. · 2021 · confidence medium
DISCUSSION A. Legal Standard In evaluating a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., LLC, 491 F. App’x 988, 989 (11th Cir. 2012). “[A] plaintiff’s obligation to provide the grounds of his entitlement to relief[, however,] requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell Atl.
discussed Cited as authority (rule) Davis v. Thomas
N.D. Ga. · 2021 · confidence medium
DISCUSSION A. Legal Standard Under the Federal Rule of Civil Procedure 12(b)(6) dismissal standard, the court “accept[s] the allegations in the complaint as true and constru[es] them in the light most favorable to the plaintiff.” Traylor v. P’ship Title Co., LLC, 491 F. App’x 988, 989 (11th Cir. 2012). “[A] plaintiff’s obligation to provide the grounds of his entitlement to relief[, however,] requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell Atl.
discussed Cited as authority (rule) Jackson v. U.S. Bank, N.A.
S.D. Fla. · 2014 · confidence medium
Standard of Review Under Rule 12(b)(6), a complaint must be dismissed when it fails “to state a claim upon which relief can be granted.” “[A] complaint must allege enough facts to state a claim to relief that is plausible on its face and that rises above the speculative level.” Traylor v. P’ship Title Co., LLC, 491 Fed.Appx. 988, 990 (11th Cir.2012).
Retrieving the full opinion text from the archive…
Johnny TRAYLOR, a Member of That Class of Disabled Persons, Entitled to Equal Protection of the Law, Under Title VII of the Civil Rights Act of 1968, as Amended, the Fair Housing Act (The Act), Plaintiff-Appellant,
v.
PARTNERSHIP TITLE COMPANY, LLC, Kirsten Miller Howard, in Her Capacity as Closing Attorney for Wells Fargo Bank, N.A.; In State of Georgia Administrator’s Deed Dated 4/2/08; Deed Book 20916, Page 503; And in State of Georgia Security Deed/FHA Case No. 105-3788211, Dated 6/20/08, Andrew Dean Mansukkhani, in His Capacity as Administrator for the Estate of Ernestine Lavelle Petty, Et Al., Wells Fargo Bank, N.A., John Stumpf, in His Capacity as CEO of Wells Fargo Bank, Et Al., Defendants-Appellees
12-11079.
Court of Appeals for the Eleventh Circuit.
Oct 17, 2012.
491 F. App'x 988
Johnny Traylor, Decatur, GA, pro se., Kirsten Miller Howard, in her Capacity as Closing Attorney for Wells Fargo Bank, N.A.; in State of Georgia Administrator’s Deed Dated 4/2/08; Deed Book 20916, Page 508; and in State of Georgia Security Deed/FHA Case No. 105-3788211, Dated 6/20/08, Law Office of Kirsten Miller, PC, Atlanta, GA, pro se.
Carnes, Wilson, Hill.
Cited by 38 opinions  |  Unpublished
PER CURIAM:

Johnny Traylor, proceeding pro se, appeals the district court’s dismissal for failure to state a claim of his complaint, which alleged fraud in violation of 42 U.S.C. § 1981; the Fair Housing Act (“FHA”), 42 U.S.C. § 3601 et seq.; the Thirteenth and Fourteenth Amendments; the Georgia Residential Mortgage Act (“GRMA”), Ga. Code. Ann. § 7-1-1000 et seq.; 18 U.S.C. § 657; 18 U.S.C. § 1010; 38 U.S.C. § 5301; and the mail fraud statute, 18 U.S.C. § 1341. Liberally construed, Tray-lor asserts that the district court erred in dismissing his complaint because defendant Partnership Title Company, LLC, through its attorney, refused to participate in a Fed.R.Civ.P. 26(f) settlement conference. He additionally argues that he provided notice below that the district court judge should disqualify himself, pursuant to 28 U.S.C. § 455(a), because his impartiality might reasonably be questioned.

As a preliminary matter, Traylor has abandoned two of the stated issues in his appellate brief, which concern the appropriate standard of review and whether the district court sanctioned a violation of 18 U.S.C. § 657, by failing to brief these issues. See Timson v. Sampson, 518 F.3d 870, 874 (11th Cir.2008).

We review de novo the grant of a motion to dismiss under Fed.R.Civ.P. 12(b)(6), accepting the allegations in the complaint as true and construing them in the light most favorable to the plaintiff. Speaker v. U.S. Dep’t of Health & Human Servs., 623 F.3d 1371, 1379 (11th Cir.2010).

We review for an abuse of discretion a district court judge’s refusal to recuse pursuant to 28 U.S.C. § 455(a). Diversified, Numismatics, Inc. v. City of Orlando, 949 F.2d 382, 384-85 (11th Cir.1991). The relevant inquiry is “whether an objective, disinterested, lay observer fully informed of the facts underlying the grounds on which recusal was sought would entertain a significant doubt about the judge’s impartiality.” Id. at 385. Generally, absent a showing of pervasive bias and prejudice, a judge’s rulings in the same or a related case may not serve as the basis for a[*990] recusal motion. McWhorter v. City of Birmingham, 906 F.2d 674, 678-79 (11th Cir.1990).

Under the federal rules of civil procedure, a complaint must contain a short and plain statement of the claim showing that the plaintiff is entitled to relief. Fed. R.Civ.P. 8(a)(2). In order to avoid dismissal, a complaint must allege enough facts to state a claim to relief that is plausible on its face and that rises above the speculative level. Speaker, 623 F.3d at 1380 (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 570, 127 S.Ct. 1955, 1964-65, 1974, 167 L.Ed.2d 929 (2007)). A claim is facially plausible “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (quotations omitted)). The plausibility standard requires that a plaintiff allege sufficient facts to nudge his “claims across the line from conceivable to plausible.” Twombly, 550 U.S. at 570, 127 S.Ct. at 1974. Finally, pro se pleadings receive a liberal construction, but a fraud complaint must allege the details, timing, and participants in the allegedly fraudulent acts. Alba v. Montford, 517 F.3d 1249, 1252 (11th Cir.2008); Am. United Life Ins. Co. v. Martinez, 480 F.3d 1043, 1064 (11th Cir.2007).

Upon review of the record and consideration of the parties’ briefs, we affirm.

Here, we conclude that the district court did not err in dismissing Traylor’s complaint for failure to state a claim. In his complaint, Traylor asserted that he was defrauded by the defendants in violation of various civil and criminal laws, but he did not allege sufficient facts regarding this fraud to render his claims coherent, let alone plausible. Cf. Twombly, 550 U.S. at 570, 127 S.Ct. at 1974. Traylor’s complaint did not allege facts sufficient to determine even how he was harmed or what misconduct occurred, and it certainly did not allege facts that would enable a court to draw the reasonable inference that the defendants were hable for any alleged misconduct. See Speaker, 623 F.3d at 1380. Additionally, Traylor has not demonstrated how Partnership Title’s alleged refusal to participate in a settlement conference establishes error on the part of the district court in dismissing his complaint for failure to state a claim. Finally, to the extent Traylor is asserting that the district court’s order should be reversed because of the district court judge’s refusal to re-cuse under 28 U.S.C. § 455(a), Traylor has not shown that a lay observer would have any doubt regarding the judge’s impartiality. See Diversified Numismatics, Inc., 949 F.2d at 384-85; McWhorter, 906 F.2d at 678.

AFFIRMED.