Bennett v. State of Nevada

Filing 18

ORDER denying ECF No. 12 Motion for Recusal; revoking IFP status, re ECF No. 17 USCA Referral Notice. Signed by Judge Robert C. Jones on 11/8/2016. (Copies have been distributed pursuant to the NEF; NEF also sent to Ninth Circuit USCA - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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______________________________________
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GREGORY J. BENNETT,
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Petitioner,
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vs.
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STATE OF NEVADA,
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Respondent.
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3:16-cv-00420-RCJ-WGC
ORDER

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Gregory Bennett is a prisoner in the custody of the Nevada Department of Corrections.

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

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dismissing the Petition without prejudice because Petitioner complained of constitutional

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violations at his trial in state court that were not cognizable under Heck v. Humphrey, 512 U.S.

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477 (1994). The Court agreed. The Court later denied a motion to recuse (and it hereby denies a

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successive motion to recuse currently pending). Petitioner appealed, and the Court of Appeals

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has remanded for the limited purpose of determining whether in forma pauperis status should

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continue on appeal. The Court finds that it should not, because the appeal is frivolous. See

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Hooker v. Am. Airlines, 302 F.3d 1091, 1092 (9th Cir. 2002).

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CONCLUSION

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IT IS HEREBY ORDERED that the Motion to Recuse (ECF No. 12) is DENIED.

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IT IS FURTHER ORDERED that in forma pauperis status is REVOKED.

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IT IS SO ORDERED.

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Dated this 8th day of November, 2016.

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_____________________________________
ROBERT C. JONES
United States District Judge

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