Boutte v. Bahr et al

Filing 24

ORDER by Magistrate Judge Bernard Zimmerman denying 21 Motion to Disqualify Judge (bzsec, COURT STAFF) (Filed on 12/9/2008)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JOHN BOUTTE, Plaintiff(s), v. BYRON J. BAHR, Defendant(s).

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No. C08-2641 BZ ORDER DENYING MOTION TO DISQUALIFY

On December 3, 2008, plaintiff John Boutte, proceeding pro se, filed a motion to disqualify me as well as every federal judge in this District, every federal judge "on The Mafia Committee - I mean The Executive Committee," every federal judge in the Ninth Circuit, and certain other individuals.1 Plaintiff cites the disqualification statute,

28 U.S.C. Section 455, but does not specify what are the grounds for disqualification and provides no factual support for his motion. He does cite to two cases, Liteky v. U.S.,

510 U.S. 540, 114 S.Ct. 1147, 1162 (1994) and Taylor v.

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O'Grady, 888 F.2d 1189 (7th Cir. 1989), in which appellate courts rejected disqualification challenges to judges who allegedly had made intemperate remarks suggesting that they were prejudiced against a party. If plaintiff believes any

such remarks were made by me or any judge whom he challenges, he has failed to set forth those remarks. In fact, I don't

recall ever having any hearing in this case or in Boutte v. Experian, Case No. 07-5271. IT IS THEREFORE ORDERED that plaintiff's motion to disqualify me and the other judges of this District and Circuit is DENIED. Dated: December 9, 2008 Bernard Zimmerman United States Magistrate Judge

G:\BZALL\-BZCASES\BOUTTE V. BAHR\ORDER DENYING MOT. TO DISQUALIFY. FINAL 2.wpd

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