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).

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