Foster v. Virga

Filing 19

ORDER DENYING 16 Petitioner's Request for Recusal of Magistrate Judge Sandra M. Snyder signed by Judge Oliver W. Wanger on 10/15/2010. (Jessen, A)

(HC) Foster v. Virga

Doc. 19

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 TIM VIRGA, Warden 13 Respondent. 14 15 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2254. 17 On August 10, 2010, Magistrate Judge issued Findings and Recommendation to dismiss 18 the instant petition without prejudice as a successive petition. Petitioner filed objections to the 19 Findings and Recommendation on August 30, 2010. In addition, on October 6, 2010, Petitioner 20 filed a motion requesting recusal of Magistrate Judge Sandra M. Snyder. 21 "A judge is required to disqualify himself if his impartiality might reasonably be 22 questioned, or if he has a personal bias or prejudice for or against a party." Hasbrouck v. Texaco, 23 Inc., 842 F.2d 1034, 1045 (9th Cir. 1988) (citing 28 U.S.C. §§ 455(a), 455(b)(1)), aff'd, 496 U.S. 24 543, 110 S.Ct. 2535 (1990). "The bias must stem from an extrajudicial source and not be based 25 solely on information gained in the course of the proceedings." Id. (citing In re Beverly Hills 26 Bancorp, 752 F.2d 1334, 1341 (9th Cir. 1984)). "`Judicial rulings alone almost never constitute a 27 valid basis for a bias or partiality motion.'" In re Focus Media, Inc., 378 F.3d 916, 930 (9th Cir. 28 1
Dockets.Justia.com

UNITED STATES DISTRICT COURT

RICKY TYRONE FOSTER, Petitioner, v.

1:10-cv-01394-OWW-SMS (HC) ORDER DENYING PETITIONER'S REQUEST FOR RECUSAL OF MAGISTRATE JUDGE SANDRA M. SNYDER [Doc. 16]

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2004) (quoting Liteky v. United States, 510 U.S. 540, 555, 114 S.Ct. 1147 (1994)). "`In and of themselves . . , they cannot possibly show reliance upon an extrajudicial source; and can only in the rarest circumstances evidence the degree of favoritism or antagonism required . . . when no extrajudicial source is involved.'" Id. Plaintiff 's motion for recusal is based primarily on his disagreement with Judge Snyder's prior rulings in other civil rights cases Petitioner has filed in this Court. Although Petitioner alleges that Judge Snyder is "biased" against African-American individuals and prisoner litigants, he provides no basis whatsoever to support his claim and his claim stems solely from previous rulings other cases. Plaintiff's disagreement with the Court's rulings is not a legitimate ground for seeking recusal, and Plaintiff 's motion is DENIED. IT IS SO ORDERED. Dated: October 15, 2010 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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