Drevaleva v. U.S. Department of Veterans Affairs et al

Filing 129

ORDER DENYING MOTION FOR JUDICIAL RECUSAL, FOR JUDICIAL RECUSAL, AND REFERRING MOTION TO DISQUALIFY TO ANOTHER DISTRICT JUDGE FOR DECISION [re 124 MOTION to Amend/Correct for Severance filed by Tatyana Evgenievna Drevaleva, 96 Fir st MOTION to Stay the Libel, the IIED, and the Constitutional causes of action filed by Tatyana Evgenievna Drevaleva, 99 MOTION for Leave to File a Motion for Reconsideration filed by Tatyana Evgenievna Drevaleva, 126 ADMIN ISTRATIVE MOTION Certify my case to Chief Justice of the 9th Circuit or to appoint a Master 42 U.S. Code §2000e5(f)(4)-(5) filed by Tatyana Evgenievna Drevaleva, 86 First MOTION for Leave to File Motion for Leave to File a Motion for Reconsideration filed by Tatyana Evgenievna Drevaleva]. Signed by Judge William Alsup on 2/25/2019. (whasec, COURT STAFF) (Filed on 2/25/2019)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 18-03748 WHA
Plaintiff,

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For the Northern District of California

United States District Court

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TATYANA EVGENIEVNA
DREVALEVA,

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v.

ORDER DENYING MOTION
FOR JUDICIAL RECUSAL
AND REFERRING MOTION
TO DISQUALIFY TO ANOTHER
DISTRICT JUDGE FOR DECISION

U.S. DEPARTMENT OF
VETERANS AFFAIRS, et al.,
Defendants.
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Pursuant to 28 U.S.C. § 144, pro se plaintiff Tatyana Evgenievna Drevaleva has filed an

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affidavit claiming that the undersigned judge “has a bias and prejudice towards the Plaintiff and

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acts in favor of the opposing Party” (Dkt. No. 102). Section 144 states:

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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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The undersigned judge declines to recuse himself on grounds of bias and remains

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determined to give the pro se plaintiff fair hearings and proceedings. The rulings complained

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of were decided on their merits, not on account of any bias against plaintiff. Treating the

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motion, in the alternative, as a motion to disqualify the undersigned judge, the motion shall be

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randomly assigned to another district judge for decision. Accordingly, the Clerk shall randomly

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reassign the motion to be heard by another district judge. All pending motions are STAYED

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pending resolution of the motion (Dkt. No. 86, 96, 99, 124, 126). The March 21 and April 4

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hearings are VACATED and may be re-noticed following resolution of the motion for recusal.

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IT IS SO ORDERED.

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Dated: February 25, 2019.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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