COMES NOW, Plaintiff Marc Perkel, pursuant to Title 28 Section 144 to recuse Judge Clark. In support thereof Plaintiff states the facts in the attached affidavit, incorporates herein all his arguments in his motion to reconsider and recuse and further states:

1. On May 5^th 1999 Judge Clark denied plaintiff's motion to recuse because it was not in proper form for lack of an affidavit.
2. Plaintiff now resubmits his recusal with attached affidavit.
3. The affidavit alleges conduct and reasons that are extrajudicial.
4. Plaintiff demands a hearing in front of an impartial judge to rule on this motion.
5. Plaintiff intends to call Judge Clark as a witness at the recusal hearing.
6. Plaintiff further states that the attorney misconduct referenced in Judge Clark's May 5^th decision is not the same misconduct, nor the same case as Perkel, v. Perkel. The attorney misconduct and criminal acts were committed in Perkel v. Wear case number 198CC0170. Judge Clark doesn't seem to be able or willing to grasp this distinction. Judge Clark continues to exhibit confusion over the issues of this case. Plaintiff therefore contends Judge Clark suffers from a mental defect that would impede him from comprehending the issues of this case.
7. The very fact that Judge Clark is trying to illegally dismiss this case is further evidence of the conspiracy the plaintiff is complaining about.
8. Judge Clark lacks a commitment to follow the law and the federal rules of civil procedure and is comfortable violating federal law and the canons of judicial ethics and is therefore not fit to serve as judge in this case.
9. Plaintiff contends that these circumstances taken together would cause a reasonable person to conclude that the impartiality of Judge Clark would be questioned.

WHEREFORE, plaintiff Marc Perkel respectfully prays for a hearing before an impartial judge and an order of the court to recuse Judge Clark and strike all orders he made.

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Marc Perkel - Plaintiff - 05-07-99