Tsosie v. United States of America

Filing 14

ORDER that the reference to the Magistrate Judge is withdrawn as to Movant's Motions (Doc. 8 & 9); that Movant's Motions (Doc. 8 & 9 ) to disqualify are denied. Signed by Judge Earl H Carroll on 12/27/10. (ESL)

Download PDF
-JRI Tsosie v. United States of America Doc. 14 1 2 3 4 5 6 7 8 WO IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA 9 United States of America, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs. Plaintiff, Ronald Lee Tsosie, Defendant/Movant. ) ) ) ) ) ) ) ) ) ) No. CV 10-8095-PCT-EHC (JRI) No. CR 94-031-PCT-EHC ORDER In these proceedings under 28 U.S.C. 2255, Defendant/Movant ("Movant") filed two Motions (Doc. 8 & 9) on October 8, 2010 requesting that the Court be disqualified from the case. The two Motions appear to be basically the same. The reference to the Magistrate Judge is withdrawn as to Movant's Motions (Doc. 8 & 9). The Court has considered Movant's Motions under 28 U.S.C. 455(a) or (b)(1). Section 455(a) provides that a United States judge "shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." Section 455(b)(1) provides that a judge must also disqualify himself "[w]here he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding[.]" Recusal under 455(a) and (b)(1) is required only if the bias or prejudice stems from an extrajudicial source, not from conduct or rulings during the course of proceedings. See Hasbrouck v. Texaco, Inc., 842 F.2d 1034, 1046 (9th Cir. 1987), aff'd, 496 U.S. 543 (1990). The alleged grounds discussed in Movant's Motions concern conduct or rulings during the course of the criminal proceedings (see Doc. 4 - Exhibit A (United States v. Ronald Lee Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Tsosie, No. 95-10068 (9th Cir. April 5, 1996)(Memorandum at 1-5)). The grounds asserted are not a basis for disqualification. Accordingly, IT IS ORDERED that the reference to the Magistrate Judge is withdrawn as to Movant's Motions (Doc. 8 & 9). IT IS FURTHER ORDERED that Movant's Motions (Doc. 8 & 9) to disqualify are denied. DATED this 27th day of December, 2010. -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?