Liptak v. Ally Bank et al

Filing 33

ORDER Denying 21 Plaintiff's Motion for Recusal of District Judge. Signed by Judge Kent J. Dawson on 03/08/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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V.F. LIPTAK,
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Plaintiff,

Case No. 2:12-CV-0882-KJD-GWF

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v.

ORDER

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ALLY BANK, et al.,
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Defendants.
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Presently before the Court is Plaintiff’s 2nd Request for Recusal (#21). Much like Plaintiff’s
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first request the second request is meritless. Plaintiff’s motion to recuse must be denied, because he
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has failed to establish that the Court’s impartiality might be reasonably questioned. See Toth v.
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Trans World Airlines, 862 F.2d 1381, 1387-88 (9th Cir. 1988)(bias or prejudice justifying recusal
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must arise from an extrajudicial source and not from conduct or rulings made during the course of
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the proceeding). Plaintiff has not demonstrated any extrajudicial source of bias or prejudice, other
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than his conclusions that a conspiracy must be afoot due to the Court’s decisions that have not been
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in his favor. Therefore, the Court denies his motion to recuse.
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IT IS SO ORDERED.
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DATED this 8th day of March 2013.
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_____________________________
Kent J. Dawson
United States District Judge