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).

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?