Driver v. Hedrick

Filing 82

ORDER 81 (Illston, Susan) (Filed on 11/13/2012) (Additional attachment(s) added on 11/13/2012: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 BILLY DRIVER, JR., 9 Plaintiff, United States District Court For the Northern District of California 10 11 12 No. C 10-2226 SI (pr) ORDER v. B. HEDRIC, warden; et al., Defendants. / 13 14 Plaintiff has filed a notice of appeal from the order of dismissal and judgment entered on 15 July 6, 2012. In his notice of appeal, plaintiff requested the recusal of the undersigned. (Docket 16 # 76.) The recusal request is DENIED because plaintiff did not provide a "timely" affidavit that 17 the undersigned "has a personal bias or prejudice either against him or in favor of any adverse 18 party,” 28 U.S.C. § 144. 19 Plaintiff has filed a motion for copies of several documents and for the court reporter to 20 prepare a transcript for appeal. The motion is GRANTED in part. (Docket # 81.) The clerk will 21 send to plaintiff a copy of Docket #s 4, 17, 24, 34, 35, 48, 49, 51-55, 62-64, 65, and 68-72. No 22 oral hearings were held in this action; thus, there is nothing for a court reporter to transcribe. 23 All further motions should be filed in the Ninth Circuit in the pending appeal. 24 25 26 27 28 IT IS SO ORDERED. Dated: November 13, 2012 _______________________ SUSAN ILLSTON United States District Judge

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