Fratus v. Klein et al

Filing 8

ORDER signed by Magistrate Judge Kendall J. Newman on 4/18/2017 DENYING plaintiff's 6 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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JOHN FRATUS,

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No. 2:17-cv-0535 KJM KJN P
Plaintiff,

v.

ORDER

SGT. KLEIN, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel. Plaintiff seeks relief pursuant to

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42 U.S.C. § 1983, and has moved for disqualification of the undersigned. Pursuant to 28 U.S.C.

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§ 455, a magistrate judge shall disqualify himself in any proceeding in which his impartiality

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might reasonably be questioned or where he has a personal bias or prejudice concerning a party.

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In plaintiff’s motion for disqualification, he speculates that the undersigned is biased against

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plaintiff. The court does not find disqualification is appropriate in this matter.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s March 31, 2017 motion for

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disqualification (ECF No. 6) is denied.

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Dated: April 18, 2017

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frat0535.disq

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