Downs v. California Attorney General

Filing 49

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/3/2014 DENYING plaintiff's 47 motion requesting recusal of the magistrate judge and plaintiff's 48 request for a stay.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GREGORY DOWNS,

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No. 2:12-cv-3057 MCD CKD P

Plaintiff,
v.

ORDER

CALIFORNIA ATTORNEY GENERAL,

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Defendant.

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Plaintiff has filed a motion asking that the undersigned recuse. Essentially, plaintiff takes

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issue with the fact that his motions for appointment of counsel have been denied. However,

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denial of a request for appointment of counsel is not an adequate basis for recusal. See 28 U.S.C.

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§§ 144 & 455. Accordingly, plaintiff’s motion (ECF No. 47) is denied. Plaintiff has also filed a

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motion asking that the court stay this matter until the court addresses plaintiff’s assertion that he

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has the right to counsel in this action under the Americans with Disabilities Act (ADA). There is

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nothing in the ADA that requires, or even authorizes, the court to appoint counsel for plaintiff.

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Therefore, plaintiff’s request for a stay (ECF No. 48) is also denied.

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Dated: January 3, 2014

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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1/down3057.rec