Zapata v. Flintco Inc., et al

Filing 63

ORDER denying 62 Motion for Judge Newman to Recuse from this case signed by Magistrate Judge Kendall J. Newman on 10/20/11. (Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN ZAPATA dba ZAPATA
COLLECTION, SERVICE,
an Individual,

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Plaintiff,

No. 2:09-cv-03555 GEB KJN PS

v.
FLINTCO, INC., an Oklahoma
corporation, SAN JOAQUIN
COMMUNITY COLLEGE DISTRICT,
a Political Subdivision and JOHN DOE
1-25, inclusive,

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Defendants.

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ORDER
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Although this case is technically closed (see Judgment, Dkt. No. 57), a post-

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judgment motion for sanctions is set to be heard by the undersigned on November 17, 2011.1

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(See Defs.’ Mot. for Sanctions, Dkt. No. 59; Minute Order, Sept. 22, 2011, Dkt. No. 60.)

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Presently before the court is plaintiff’s filing entitled “Request for Judge Newman To Be Recuse

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[sic] From this Case” (Dkt. No. 62), which is not noticed before or directed to a particular judge.

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In short, plaintiff once again alleges that the undersigned is biased against him.

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This case proceeds before the undersigned pursuant to Eastern District of California
Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
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To the extent that plaintiff’s request is directed to the undersigned such that

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plaintiff requests that the undersigned disqualify himself, the undersigned already addressed

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plaintiff’s allegations of bias in previously entered findings and recommendations. (See Findings

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& Recommendations, Aug. 12, 2011, at 25-28, Dkt. No. 54, adopted by Order, Sept. 7, 2011,

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Dkt. No. 56, reconsideration denied by Order, Sept. 28, 2011, Dkt. No. 61.) For the reasons

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stated in those findings and recommendations, plaintiff’s request is denied.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s “Request for Judge
Newman To Be Recuse [sic] From this Case” (Dkt. No. 62) is denied.
IT IS SO ORDERED.
DATED: October 20, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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