Grimes v. Alameda County Social Services/Children Family Services et al

Filing 33

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).

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5
6
7

CARL ANTHONY GRIMES
Plaintiff,

8
9

v.

ORDER DENYING MOTION TO
DISQUALIFY JUDGE WILLIAM ALSUP

COUNTY OF ALAMEDA, et al.,

11
For the Northern District of California

United States District Court

10

No. 12-5126 WHA

Defendants.
_______________________________/

12
13

Before the court is plaintiff’s motion to disqualify Judge William Alsup. In order to

14

support such a motion, plaintiff is required to “state the facts and the reasons for the belief

15

that bias or prejudice exists.” 28 U.S.C. § 144. Plaintiff alleges only that Judge Alsup

16

dismissed a previous case of plaintiff’s, and that the dismissal indicates “unfair biasness”

17

towards plaintiff. This allegation is not sufficient to justify disqualification, as “[a]dverse

18

rulings do not constitute the requisite bias or prejudice of § 144.” U.S. v. Azhocar, 581 F.2d

19

735, 739 (9th Cir. 1978). Plaintiff’s motion is therefore DENIED.

20

IT IS SO ORDERED.

21
22
23
24
25
26
27
28

Dated: December 5, 2012
______________________________
PHYLLIS J. HAMILTON
United States District Judge