Liao v. Ashcroft et al

Filing 85

ORDER re 84 MOTION to Shorten TimeEmergency MOTION to Reassign CaseEmergency MOTION to Vacate filed by Wanxia Liao. Signed by Judge Hamilton on 5/4/2009. (pjhlc1, COURT STAFF) (Filed on 5/4/2009)

1 2 3 4 5 6 7 8 9 10 WANXIA LIAO, Plaintiff, v. JOHN ASHCROFT, et al., Defendants. _______________________________/ On March 30, 2009, plaintiff Wanxia Liao filed an affidavit in support of a request for disqualification of the undersigned judge, pursuant to 28 U.S.C. § 144. On April 16, 2009, the court filed an order denying several of plaintiff's recently-filed motions, including the request for disqualification. The court denied the § 144 request on the basis that the supporting affidavit was legally insufficient. Plaintiff now seeks an order referring her § 144 request to the Clerk for random assignment to another judge. Plaintiff bases her request on her interpretation of Civil Local Rule 3-15. Local Rule 3-15 clearly states, however, that a request for disqualification shall be referred to the clerk for random assignment to another judge only when the assigned judge has "found that the affidavit is neither legally insufficient nor interposed for delay." Civil L.R. 3-15. Here, the court determined that the affidavit was legally insufficient. Accordingly, the motion is DENIED. No. C 08-2776 PJH ORDER DENYING MOTION FOR REASSIGNMENT OF CASE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United United States District Court

11
For the Northern District of California

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IT IS SO ORDERED. Dated: May 4, 2009 ______________________________ PHYLLIS J. HAMILTON United States District Judge