Leskinen v. The United States Department of Agriculture et al

Filing 9

ORDER signed by Magistrate Judge Kendall J. Newman on 4/5/18 DENYING 8 Motion to remove Magistrate Judge. (Kaminski, H)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

LAURA LESKINEN,

12
13
14
15
16

No. 2:18-cv-0453-TLN-KJN PS

Plaintiff,
v.

ORDER

UNITED STATES DEPARTMENT OF
AGRICULTURE, et al.,
Defendants.

17
18

On April 2, 2018, plaintiff Laura Leskinen, proceeding without counsel, filed an ex parte

19

request that the undersigned be removed from this case. (ECF No. 8.) Plaintiff contends that the

20

undersigned is prejudiced against her based on the undersigned’s rulings in a prior case that was

21

ultimately transferred to the Eastern District of New York. (See Leskinen v. Halsey, et al., 2:10-

22

cv-3363-MCE-KJN PS.)

23

Having carefully reviewed the record in this action and the prior action, the undersigned

24

finds no proper basis to recuse himself under 28 U.S.C. § 455. Plaintiff can be assured that the

25

undersigned harbors no bias for or against her, and endeavors to decide every case solely based

26

on the individual record and the applicable law.

27

Accordingly, plaintiff’s ex parte request is DENIED. Such denial is without prejudice to

28

plaintiff’s right to seek any further relief from the assigned United States District Judge or other
1

1
2
3

appropriate authority.
This order resolves ECF No. 8.
Dated: April 5, 2018

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2