Ehringer v. State of California et al

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 9/16/2016 DENYING WITHOUT PREJUDICE 4 Motion for Recusal. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ORION S. EHRINGER,

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Plaintiff,

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No. 2:16-cv-1955-GEB-KJN PS

v.

ORDER

STATE OF CALIFORNIA, et al.,

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Defendants.

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On September 8, 2016, plaintiff filed a motion for the undersigned to recuse himself from

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this case, because plaintiff had filed another case in this court naming the undersigned as a

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defendant. See Ehringer v. Newman, 2:16-cv-2074-TLN-EFB. (ECF No. 4.) However, as best

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the undersigned can tell, his only involvement with plaintiff had been in a prior action, Ehringer

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v. Superior Court of California County of Plumas, 2:15-cv-71-TLN-KJN, in which the

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undersigned took the sole action of dismissing plaintiff’s case upon plaintiff’s own request.
Thus, there does not appear to be a proper basis for recusal in this case. As such, the court

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denies plaintiff’s motion, but without prejudice to any future motion making a proper showing as

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to why recusal is warranted.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for recusal is DENIED

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WITHOUT PREJUDICE. Plaintiff’s motion to proceed in forma pauperis, which remains

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pending, will be resolved by separate order in due course.

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This order resolves ECF No. 4.
Dated: September 16, 2016

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