Link v. Duncan et al

Filing 26

ORDER DENYING PLAINTIFF'S MOTION FOR DISQUALIFICATION; DENYING PLAINTIFF'S MOTION FOR CHANGE OF VENUE. Signed by Judge Maxine M. Chesney on April 9, 2012. (mmclc1, COURT STAFF) (Filed on 4/9/2012) (Additional attachment(s) added on 4/9/2012: # 1 Certificate of Service) (tlS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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GUSTAVE LINK,
Plaintiff,

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No. C-12-0726 MMC
ORDER DENYING PLAINTIFF’S MOTION
FOR DISQUALIFICATION; DENYING
PLAINTIFF’S MOTION FOR CHANGE OF
VENUE

v.
JOHN C. DUNCAN, et al.,
Defendants

/

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The Court is in receipt of plaintiff’s “Motion for Disqualification,” filed April 3, 2012,

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and plaintiff’s “Motion for Change of Venue,” filed April 3, 2012. Having read and

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considered the motions, the Court rules as follows.

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By order filed March 26, 2012, the Court denied plaintiff’s “Motion for Recusal,”

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which motion had been filed pursuant to 28 U.S.C. § 144. The instant motion differs from

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said prior motion only in that the instant motion is filed pursuant to 28 U.S.C. § 455; the

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asserted grounds are the same. Irrespective of whether the determination is made

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pursuant to § 144 or § 455, no grounds for recusal or disqualification exist. See United

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States v. Studley, 783 F.2d 934, 939 (9th Cir. 1986) (holding “a judge’s prior adverse ruling

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is not sufficient cause for recusal”); see also Link v. California, 385 Fed. Appx. 383, 385

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(9th Cir. 2010), cert. denied, 131 S. Ct. 2100 (2011).

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Accordingly, the Motion for Disqualification is hereby DENIED.

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Plaintiff’s motion for a change of venue is based entirely on plaintiff’s unsupported

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assertion that grounds for disqualification exist. No such grounds exist, and, further, no

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cognizable basis for a change of venue exists.

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Accordingly, the Motion for Change of Venue is hereby DENIED.

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IT IS SO ORDERED.

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Dated: April 9, 2012
MAXINE M. CHESNEY
United States District Judge

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