G. et al v. United States of America et al

Filing 26

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/14/17 ORDERING that Plaintiff's MOTION to recuse the undersigned (ECF No. 21 ) is DENIED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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J. G., a minor, by and through his Guardian
Ad Litem, et al.,
Plaintiff,

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ORDER
v.

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No. 2:16-cv-1476 JAM CKD PS

UNITED STATES OF AMERICA, et al.,
Defendant.

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Before this court is plaintiff ‘s motion to recuse the undersigned (ECF No. 21.)

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Oral arguments were heard on June 14, 2017. Plaintiff represented himself and the government

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was represented by Alyson A. Berg. This order serves to memorialize the court’s oral ruling.
Plaintiff argues that recusal is necessary based upon the undersigned’s actions in related

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case, 2:14-cv-02307 JAM-CKD, in which judgment was entered against him.1 Citing a report he

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found on the internet which he alleges corroborate his claims, plaintiff asserts that the

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undersigned has a pro-government bias and that he does not consent to her jurisdiction.2 The

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Plaintiff has also requested that the district judge assigned to this case recuse himself (ECF No.
21), although that request remains pending.
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Although the plaintiff objects to the jurisdiction of the undersigned, pursuant to 28 U.S.C. §
636(c) and Eastern District Local Rule 302, the assigned magistrate judge is responsible for all
pre-trial matters.
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court concludes, however, that plaintiff has failed to present any valid basis for recusal under 28

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U.S.C. § 455.

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Accordingly, it is HEREBY ORDERED THAT:

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1. Plaintiff’s motion to recuse the undersigned (ECF No. 21) is DENIED.

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Dated: June 14, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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