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)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOHN FRATUS, 12 13 14 No. 2:17-cv-0535 KJM KJN P Plaintiff, v. ORDER SGT. KLEIN, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding without counsel. Plaintiff seeks relief pursuant to 18 42 U.S.C. § 1983, and has moved for disqualification of the undersigned. Pursuant to 28 U.S.C. 19 § 455, a magistrate judge shall disqualify himself in any proceeding in which his impartiality 20 might reasonably be questioned or where he has a personal bias or prejudice concerning a party. 21 In plaintiff’s motion for disqualification, he speculates that the undersigned is biased against 22 plaintiff. The court does not find disqualification is appropriate in this matter. 23 Accordingly, IT IS HEREBY ORDERED that plaintiff’s March 31, 2017 motion for 24 disqualification (ECF No. 6) is denied. 25 Dated: April 18, 2017 26 27 frat0535.disq 28 1

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?