County of Fresno v. Torstensen-Livings et al

Filing 9

DISCLOSURE ORDER signed by Judge Anthony W. Ishii on 10/5/06. (Rooney, M)

County of Fresno v. Torstensen-Livings et al

Doc. 9

Case 1:06-cv-01263-AWI-SMS 1 2 3 4 5 6 7 8

Document 9

Filed 10/05/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A judge has an affirmative duty to recuse himself/herself in any proceeding in which his/her impartiality might reasonably be questioned. 8 U.S.C. § 455; Liteky v. United States, 510 U.S. 540, 555 (1994). In some cases, it is unclear whether a judge has an implied conflict until ) ) Plaintiff, ) ) v. ) ) ) ROSALIE TORSTENSEN-LIVINGS, ) ) Defendant. ) ____________________________________) COUNTY OF FRESNO, CV F 06-1263 AWI SMS DISCLOSURE

the parties' review both the specific facts of their case and the judge's personal circumstances. For this reason, the undersigned makes the following disclosure: On March 1, 2004, the undersigned's wife, Jeanette Ishii, became employed with the County of Fresno and currently serves as an Assistant County Administrative Officer. Because from the face of the complaint it does not appear Mrs. Ishii's employment is directly related to the incidents underlying this action, the undersigned declines to sua sponte recuse himself from this case because Mrs. Ishii now works for the County of Fresno. However, leave to file a motion for recusal is given to any

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Case 1:06-cv-01263-AWI-SMS 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 IT IS SO ORDERED. Dated: 0m8i78 October 5, 2006

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party who believes that after reviewing the facts of this particular case such a motion is appropriate.

/s/ Anthony W. Ishii UNITED STATES DISTRICT JUDGE

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