(PC) Rood v. Lockwood et al

Filing 23

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/20/20 DENYING 20 Motion for Disqualification. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

COLTON JAMES ROOD,

12

Plaintiff,

13

v.

14

No. 2:20-cv-00271-WBS-CKD

ORDER

ISAAC LOCKWOOD, et al.,

15

Defendants.

16
Plaintiff is a former county inmate currently in state prison proceeding pro se and in forma

17
18

pauperis in this federal civil rights action filed pursuant to 42 U.S.C. § 1983. On November 4,

19

2020, plaintiff filed a request for change of venue which the court construes as a motion for

20

disqualification of the undersigned.1 ECF No. 20. Pursuant to 28 U.S.C. § 455, a magistrate

21

judge shall disqualify herself in any proceeding in which her impartiality might reasonably be

22

questioned or where she has a personal bias or prejudice concerning a party. In plaintiff’s motion

23

for disqualification, he speculates that the undersigned is biased against plaintiff based upon the

24

rulings in his case. The court does not find disqualification is appropriate in this matter.

25

/////

26
27

1

The filing date has been calculated using the prison mailbox rule. See Houston v. Lack, 487
U.S. 266 (1988).

28
1

1

Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for disqualification (ECF

2

No. 20) is denied.

3

Dated: November 20, 2020

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

4
5
6
7
8
9
10
11

12/rood0271.disq.docx

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2