Clarke v. Upton, et al

Filing 151

DISCLOSURE ORDER RE CONFLICT and further DIRECTING the parties to file any motion for recusal, if one is sought, by 2/24/2012 at 4:00 PM; order signed by Chief Judge Anthony W. Ishii on 2/14/2012. (Rooney, M)

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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SANDRA UPTON, AMPARO
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WILLIAMS; DEPARTMENT OF
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SOCIAL SERVICES; and COUNTY OF )
MADERA
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Defendants.
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____________________________________
STANLEY BRADFORD CLARKE,

1:07-CV-0888 AWI-SMS
DISCLOSURE

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A judge has an affirmative duty to recuse himself/herself in any proceeding in which

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his/her impartiality might reasonably be questioned. 28 U.S.C. § 455; Liteky v. United States,

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510 U.S. 540, 555 (1994).

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until the parties’ review both the specific facts of their case and the judge’s personal

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circumstances. For this reason, the undersigned makes the following disclosure: It has come to

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the attention of the undersigned that Dr. Devona Kaji is a potential witness in this case. Dr. Kaji

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is the undersigned’s sister-in-law. Because from the face of the moving papers it does not appear

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that the undersigned has an implied conflict, the undersigned declines to sua sponte recuse

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himself from this case. However, leave to file a motion for recusal is given to any party who

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

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motion for recusal shall be filed no later than 4 p.m. on Friday, February 24, 2012.

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IT IS SO ORDERED.

In some cases, it is unclear whether a judge has an implied conflict

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Dated:
0m8i78

February 14, 2012
CHIEF UNITED STATES DISTRICT JUDGE