(PC) Tevin L. Harris v. Valencia et al
Filing
121
ORDER signed by Magistrate Judge Kendall J. Newman on 10/18/2022 DENYING 115 Plaintiff's Motion for recusal. (Reader, L)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
TEVIN LEE HARRIS,
12
13
14
No. 2: 19-cv-1751 DAD KJN P
Plaintiff,
v.
ORDER
R. VALENCIA, et al.,
15
Defendants.
16
17
Plaintiff is a state prisoner proceeding, without counsel, with a civil rights action pursuant
18
to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for recusal of the undersigned.
19
(ECF No. 115.) For the reasons stated herein, plaintiff’s motion for recusal is denied.
20
Legal Standard
21
Federal law allows a judge to recuse from a matter based on a question of partiality:
22
Any justice, judge, or magistrate judge of the United States shall
disqualify himself in any proceeding in which his impartiality might
reasonably be questioned. He shall also disqualify himself ... [w]here
he has a personal bias or prejudice concerning a party, or personal
knowledge of disputed evidentiary facts concerning the
proceeding....
23
24
25
26
27
28
28 U.S.C. 455(a), (b)(1).
A party may seek recusal of a judge based on bias or prejudice:
Whenever a party to any proceeding in a district court makes and
files a timely and sufficient affidavit that the judge before whom the
1
1
matter is pending has a personal bias or prejudice either against him
or in favor of any adverse party, such judge shall proceed no further
therein, but another judge shall be assigned to hear such proceeding
... The affidavit shall state the facts and the reasons for the belief that
bias or prejudice exists[.]
2
3
4
5
28 U.S.C. § 144.
Relief under Section 144 is conditioned upon the filing of a timely and legally sufficient
6
affidavit. A judge who finds the affidavit legally sufficient must proceed no further under Section
7
144 and must assign a different judge to hear the matter. See 28 U.S.C. § 144; United States v.
8
Sibla, 624 F.2d 864, 867 (9th Cir. 1980). Nevertheless, where the affidavit lacks sufficiency, the
9
judge at whom the motion is directed can determine the matter and deny recusal. See United
10
States v. Scholl, 166 F.3d 964, 977 (9th Cir. 1999) (citing Toth v. Trans World Airlines, Inc., 862
11
F.2d 1381, 1388 (9th Cir. 1988) (holding that only after determining the legal sufficiency of a
12
Section 144 affidavit is a judge obligated to reassign decision on merits to another judge)); United
13
States v. $292,888.04 in U.S. Currency, 54 F.3d 564, 566 (9th Cir. 1995) (if the affidavit is
14
legally insufficient, then recusal can be denied).
15
The standard for legal sufficiency under Sections 144 and 455 is “‘whether a reasonable
16
person with knowledge of all the facts would conclude that the judge’s impartiality might
17
reasonably be questioned.’” Mayes v. Leipziger, 729 F.2d 605, 607 (9th Cir. 1984) (quoting
18
United States v. Nelson, 718 F.2d 315, 321 (9th Cir. 1983)); United States v. Studley, 783 F.2d
19
934, 939 (9th Cir. 1986). To provide adequate grounds for recusal, the prejudice must result from
20
an extrajudicial source. Sibla, 624 F.2d 864, 869. A judge’s previous adverse rulings alone are
21
not sufficient for recusal. Nelson, 718 F.2d at 321.
22
Analysis
23
Plaintiff's motion for recusal in this case is substantively insufficient, as it alleges bias,
24
prejudice and impartiality based on the undersigned’s failure to rule on defendant’s motion to
25
compel. (See ECF No. 115 at 1-2.) Plaintiff’s motion for recusal fails to allege facts to support a
26
contention that the undersigned has exhibited bias or prejudice directed towards plaintiff from an
27
extrajudicial source. Sibla, 624 F.2d at 868. Thus, plaintiff does not provide a basis for recusal
28
and the motion must be denied. See Liteky v. United States, 510 U.S. 540, 555 (1994)
2
1
(“[J]udicial rulings alone almost never constitute a valid basis for a bias or partiality motion.”); id.
2
(“In and of themselves ... [judicial rulings] cannot possibly show reliance upon an extrajudicial
3
source; and can only in the rarest circumstances evidence the degree of favoritism or antagonism
4
required ... when no extrajudicial source is involved.)
5
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for recusal of the
6
undersigned (ECF No. 115) is denied.
7
Dated: October 18, 2022
8
9
10
11
12
13
14
Harr1751.rec(2)
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
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?