Anthony Chrisanthis v. United States et al

Filing 28

ORDER REFERRING MOTION FOR JUDICIAL RECUSAL. Signed by Judge Alsup on 12/30/2014. (whalc2, COURT STAFF) (Filed on 12/30/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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ANTHONY CHRISANTHIS,

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No. C 14-02784 WHA

Plaintiff,
v.
UNITED STATES OF AMERICA, et al.,

ORDER REFERRING MOTION
FOR JUDICIAL RECUSAL

Defendant.
/
Plaintiff Anthony Chrisanthis has filed a motion to disqualify the undersigned judge and
noticed a hearing for January 29, 2015 (Dkt. No. 27).
Section 144 of Title 28 of the United States Code states:
Whenever a party to any proceeding in a district court makes and
files a timely and sufficient affidavit that the judge before whom
the matter is pending has a personal bias or prejudice either against
him or in favor of any adverse party, such judge shall proceed no
further therein, but another judge shall be assigned to hear such
proceeding.

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The affidavit shall state the facts and the reasons for the belief that
bias or prejudice exists, and shall be filed not less than ten days
before the beginning of the term at which the proceeding is to be
heard, or good cause shall be shown for failure to file it within
such time. A party may file only one such affidavit in any case. It
shall be accompanied by a certificate of counsel of record stating
that it is made in good faith.

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Mr. Chrisanthis’ motion shall be heard by another judge. The Clerk shall RANDOMLY REASSIGN

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the motion for recusal to be heard BY ANOTHER JUDGE. The recusal hearing on January 29 is

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VACATED. The hearing on defendant’s motion to dismiss, also set for January 29, will proceed

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as scheduled unless plaintiff’s recusal motion is granted before then.

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IT IS SO ORDERED.

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Dated: December 30, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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