Cross v. Jaeger et al

Filing 454

ORDER. ECF No. 441 Motion for Recusal is denied; ECF No. 444 Motion Requesting Issuance of Subpoenas and Service is denied as moot; ECF No. 447 Motion to Extend Copy Work Account is granted and copy work limit will be incre ased to $71 (Copy of order mailed to NDOC inmate services); ECF No. 451 Motion Requesting Court Docket Sheet is granted (mailed on 10/25/2017). Signed by Judge Miranda M. Du on 10/25/2017. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ANTHONY CROSS,

Case No. 3:13-cv-00433-MMD-WGC

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Plaintiff,

ORDER

v.
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RON JAEGER, et al.,
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Defendant.
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I.

SUMMARY

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Following summary judgment proceedings, the Court permitted Plaintiff to proceed

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to trial on counts I, I-A, V, V-A for First Amendment retaliation based on Defendant’s

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refusal to provide the disciplinary form III and handling of an emergency. (ECF No. 313.)

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In an attempt to resolve routine issues before trial and to assist Plaintiff in light of his pro

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se status, the Court held a pretrial status conference on October 5, 2017. Since that

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hearing, the parties have filed numerous motions. This Order addresses some of the

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motions pending before the Court.

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II.

MOTION FOR RECUSAL (ECF No. 441)

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Plaintiff asks for recusal based on how the Court has addressed his motions and

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the Court’s rulings, including rulings on exhibits that Plaintiff contends contradicted with

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the Order Regarding Trial and witnesses identified for trial.

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The substantive standard for recusal under 28 U.S.C. § 144 and 28 U.S.C. § 455

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is: “[W]hether a reasonable person with knowledge of all the facts would conclude that the

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judge's impartiality might reasonably be questioned.” United States v. Studley, 783 F.2d

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934, 939 (9th Cir.1986) (quotation omitted). Normally, the alleged bias must stem from an

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“extrajudicial source.” Liteky v. United States, 510 U.S. 540, 554-56 (1994). “[J]udicial

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rulings alone almost never constitute valid basis for a bias or partiality motion.” Id.

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“[O]pinions formed by the judge on the basis of facts introduced or events occurring in the

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course of the current proceedings, or of prior proceedings, do not constitute a basis for a

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bias or partiality motion unless they display a deep-seated favoritism or antagonism that

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would make fair judgment impossible.” Id.

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Plaintiff’s motion at best demonstrates disagreement with the Court’s rulings.

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Plaintiff may appeal the Court’s rulings, but his disagreement with the Court’s rulings is

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not a basis to seek recusal. Accordingly, Plaintiff’s motion requesting recusal (ECF No.

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441) is denied.

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III.

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MOTION REQUESTING
(ECF No. 444)

ISSUANCE

OF

SUBPOENAS

AND

SERVICE

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Plaintiff requests that a subpoena be issued for Defendant Ron Jaeger and Warden

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Brian Williams to testify at trial and for the same to be served. As a party, Ron Jaeger is

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required to attend trial which will permit Plaintiff to call him during Plaintiff’s case-in-chief.

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As for Warden Williams, because of his position as Warden and because Defendant has

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represented that the Warden will be testifying at trial, the Court directs Defendant’s

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counsel to make Warden Williams available to testify as part of Plaintiff’s case-in-chief.

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Accordingly, it is unnecessary for these two witnesses to be subpoenaed to appear at trial.

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Plaintiff’s motion requesting issuance of subpoenas (ECF No. 444) is denied as moot.

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IV.

MOTION TO EXTEND COPY WORK ACCOUNT (ECF No. 447)

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In light of the number of exhibits that Plaintiff has identified, Plaintiff will need to

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bring his own copy and an extra copy. However, as the Court noted at the October 5, 2017

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status conference, the Courtroom Administrator will assist in making a copy if Plaintiff is

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unable to have an extra copy of his exhibits. Plaintiff’s motion to extend copy work (ECF

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No. 447) is granted. Plaintiff’s copy work limit will be increased to $71.00.

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V.

MOTION REQUESTING COURT DOCKET SHEET (ECF NO. 451)
The Court grants Plaintiff’s request for a copy of the docket sheet (ECF No. 451).

The Clerk is directed to send Plaintiff a copy of the docket sheet for this case.

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DATED THIS 25th day of October 2017.
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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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