McMahon v. Neven et al

Filing 98

ORDER. IT IS ORDERED that 94 , 95 the petitioners motion for recusal of district judge and motion to reopen the case are both DENIED. IT IS FURTHER ORDERED that a certificate of appealability is Denied. Signed by Judge Andrew P. Gordon on 4/16/2021. (Copies have been distributed pursuant to the NEF - JQC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 JOHNNY EDWARD MCMAHON,
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Case No.: 2:14-cv-00076-APG-CWH

Petitioner

Order

5 v.
6 NEVEN, et al.,
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Respondents

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I dismissed petitioner Johnny Edward McMahon’s habeas corpus petition with prejudice

10 in September 2017 and judgment was entered. ECF Nos. 73, 74. McMahon appealed but the
11 Ninth Circuit Court of Appeals denied a certificate of appealability. ECF Nos. 75, 77.
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In January 2021, I denied McMahon’s motion for relief from judgment and motion for

13 recusal of me. ECF No. 90. McMahon now moves to reopen the case and again moves to recuse
14 me. ECF Nos. 94, 95. He presents no new or compelling arguments and there is no basis to
15 reopen this case. The motions are denied.
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I THEREFORE ORDER that the petitioner’s motion for recusal of district judge and

17 motion to reopen the case (ECF Nos. 94 and 95) are both DENIED.
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I FURTHER ORDER that a certificate of appealability is denied.
Dated: April 16, 2021
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U.S. District Judge Andrew P. Gordon