Grimes v. Alameda County Social Services/Children Family Services et al
ORDER by Judge Hamilton denying 16 Motion to Disqualify Judge (pjhlc2, COURT STAFF) (Filed on 12/5/2012) (Additional attachment(s) added on 12/5/2012: # 1 Certificate/Proof of Service) (nah, COURT STAFF).
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
CARL ANTHONY GRIMES
ORDER DENYING MOTION TO
DISQUALIFY JUDGE WILLIAM ALSUP
COUNTY OF ALAMEDA, et al.,
For the Northern District of California
United States District Court
No. 12-5126 WHA
Before the court is plaintiff’s motion to disqualify Judge William Alsup. In order to
support such a motion, plaintiff is required to “state the facts and the reasons for the belief
that bias or prejudice exists.” 28 U.S.C. § 144. Plaintiff alleges only that Judge Alsup
dismissed a previous case of plaintiff’s, and that the dismissal indicates “unfair biasness”
towards plaintiff. This allegation is not sufficient to justify disqualification, as “[a]dverse
rulings do not constitute the requisite bias or prejudice of § 144.” U.S. v. Azhocar, 581 F.2d
735, 739 (9th Cir. 1978). Plaintiff’s motion is therefore DENIED.
IT IS SO ORDERED.
Dated: December 5, 2012
PHYLLIS J. HAMILTON
United States District Judge
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