Downs v. Balls, et al

Filing 21

ORDER signed by Magistrate Judge Kendall J. Newman on 10/28/2015 DENYING plaintiff's 20 motion for disqualification. (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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Plaintiff,

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No. 2:15-cv-0507 KJN P

v.

ORDER

LORI BALLS, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding pro se and in forma pauperis. Plaintiff seeks relief

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pursuant to 42 U.S.C. § 1983. On October 19, 2015, plaintiff filed a document entitled,

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“Disqualification of Magistrate Judge.” (ECF No. 20.) Plaintiff states he has notified the Court

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of Appeals for the Ninth Circuit that the undersigned should be disqualified from this case. It is

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unclear whether plaintiff moves for disqualification of the undersigned in this action.
Pursuant to 28 U.S.C. § 455, a magistrate judge shall disqualify himself in any proceeding

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in which his impartiality might reasonably be questioned or where he has a personal bias or

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prejudice concerning a party. In plaintiff’s filing, he appears to speculate that the undersigned is

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biased against plaintiff, and appends copies of documents concerning his request for

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accommodation at his parole hearing. In any event, the court does not find disqualification is

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appropriate in this matter.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for disqualification (ECF

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No. 20) is denied.

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Dated: October 28, 2015

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/down0507.disq

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