DANIEL DAVID DYDZAK v. ARNOLD SCHWARZENEGGER et al

Filing 14

MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: Plaintiff's Motion to Disqualify the Hon. Manuel L. Real 12 is hereby DENIED. Court Reporter: Not Present. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 12-8759-R (PJWx)

Title

DANIEL DAVID DYDZAK V. ARNOLD SCHWARZENEGGER, ET
AL.

Present: The Honorable

Date

October 31, 2012

CHRISTINA A. SNYDER

Catherine Jeang
Deputy Clerk

Not Present
Court Reporter / Recorder

N/A
Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants

Not Present

Not Present

Proceedings:

(In Chambers:) PLAINTIFF’S MOTION TO DISQUALIFY
THE HON. MANUEL L. REAL (filed October 29, 2012)

On October 29, 2012, plaintiff Daniel David Dydzak filed a motion to disqualify
the Honorable Manuel L. Real, United States District Judge. Dkt. No. 12. The motion
was randomly assigned to this Court for ruling. Dkt. No. 13. Plaintiff brings his motion
pursuant to 28 U.S.C. § 455(a), (b)(1), (b)(2), and (b)(4), which require disqualification,
inter alia, where a judge’s “impartiality might reasonably be questioned.”
As an initial matter, it appears this action was dismissed with prejudice on October
29, 2012. Dkt. No. 11. In light of the fact that no action is pending, it appears that the
motion to recuse is moot. Plaintiff’s motion fails on this ground alone.
In addition, even if this Court construes plaintiff’s motion as a motion to
reconsider the dismissal with prejudice and to disqualify Judge Real, plaintiff’s motion is
without merit. Judge Real did nothing more than enforce the unambiguous vexatious
litigant order issued by Judge Coughenour in Case No. 11-cv-5560, Dkt. No. 35.1 The
order clearly barred plaintiff from initiating any further litigation in this or any other
federal court based on his disbarment. Id. at 10. Moreover, that Judge Real is a
defendant in a separate matter brought by plaintiff is not—without more—sufficient
grounds to disqualify him in other matters. In order to prevail, plaintiff must set forth
facts that show that a judge’s impartiality might reasonably be questioned. Here, plaintiff
has asserted no facts that give rise to a question regarding Judge Real’s impartiality.
1

The Honorable Judge John C. Coughenour, District Court Judge for the Western
District of Washington, sitting by designation of the Chief Judge of the Ninth Circuit.
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 12-8759-R (PJWx)

Date

October 31, 2012

Title

DANIEL DAVID DYDZAK V. ARNOLD SCHWARZENEGGER, ET
AL.

There is simply no showing that Judge Real acted improperly in this case by enforcing
the order of Judge Coughenour.
In accordance with the foregoing, plaintiff’s motion to disqualify is hereby
DENIED.
IT IS SO ORDERED.

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Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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CMJ

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