Stanley v. Calderon

Filing 955

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/10/14 GRANTING 953 Motion to File Documents in Paper and DENYING 954 Motion to Recuse. (Manzer, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JERRY F. STANLEY,

12

Petitioner,

13
14

No. 2:95-CV-1500 JAM CKD
DEATH PENALTY CASE

v.
WARDEN, San Quentin State Prison,

15

ORDER

Respondent.

16
Attorney Jack Leavitt seeks leave to file documents in paper pursuant to Local Rule

17
18

133(b)(1). Good cause appearing, Mr. Leavitt’s request (ECF No. 953) is GRANTED.
In addition, Mr. Leavitt asks the undersigned to recuse herself from this proceeding

19
20

because she recently referred to him as petitioner’s “self-proclaimed” counsel. Based on the

21

history of Mr. Leavitt’s involvement in this case and the fact he has not been appointed by this

22

court to represent petitioner in this proceeding, the court does not find the use of the term “self-

23

proclaimed” to be off-base. In any event, the undersigned finds no reason she will be unable to

24

be impartial in considering the motion for sanctions against Mr. Leavitt. See 28 U.S.C. §455.

25

Accordingly, Mr. Leavitt’s recusal motion (ECF No. 954) is DENIED.

26

////

27

////

28

////
1

1
2

The Clerk of the Court is directed to serve a copy of this order on Mr. Leavitt.
Dated: November 10, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

3
4
5
6
7
8
9
10
11
12
13
14

Stanley leavitt mtns.or

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2