Bennett v. State of Nevada

Filing 13

ORDER denying ECF No. 10 Motion to Recuse; denying ECF No. 11 Motion for Subpoena. Signed by Judge Robert C. Jones on 10/17/2016. (Copies have been distributed pursuant to the NEF - KR)

1
2
3
4

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

5
6
7
8
9
10
11

______________________________________
)
)
GREGORY J. BENNETT,
)
)
Petitioner,
)
)
vs.
)
)
STATE OF NEVADA,
)
)
Respondent.
)
)

3:16-cv-00420-RCJ-WGC
ORDER

12
13

Petitioner Gregory Bennett is a prisoner in the custody of the Nevada Department of

14

Corrections. He filed a Petition for a Writ of Prohibition in this Court. The Magistrate Judge

15

recommended dismissing the Petition without prejudice because Petitioner complained of

16

constitutional violations at his trial in state court that were not cognizable under Heck v.

17

Humphrey, 512 U.S. 477 (1994). The Court agreed. Petitioner has now asked the undersigned

18

to recuse. The Court denies the motion. Judgment has been entered, and Petitioner has no

19

standing to request recusal of a judge before whom no action is pending. See United States v.

20

Conforte, 624 F.2d 869, 879–80 (9th Cir. 1980) (Kennedy, J.) (holding that absent exceptional

21

circumstances, grounds for disqualification must be raised before the judicial action at issue).

22

There are no exceptional circumstances here. Anyway, nowhere in his motion does Petitioner

23

identify any source of alleged bias.

24
1
2
3

1 of 2

CONCLUSION

1
2

IT IS HEREBY ORDERED that the Motion to Recuse (ECF No. 10) and the Motion for

3

Subpoena (ECF No. 11) are DENIED.

4

IT IS SO ORDERED.

5

Dated this 30th day ofday of October, 2016.
DATED: This 17th September, 2016.

6
7
8

_____________________________________
ROBERT C. JONES
United States District Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1
2
3

2 of 2