Bauer v. U.S. Attorney General

Filing 22

ORDER DENYING LEAVING TO PROCEED IN FORMA PAUPERIS ON APPEAL and ADOPTING REPORT AND RECOMMENDATIONS re 20 Report and Recommendations, 21 Petitioner's request that Judge Donohue recuse himself is DENIED. by Judge Marsha J. Pechman. (cc: CCA, mailed copy to petitioner)(SA)

1 2 3 4 5 6 7 8 9 10 11 12 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE FREDERICK W. BAUER, Petitioner, v. U.S. ATTORNEY GENERAL, Respondent. ) ) ) ) ) ) ) ) ) )

Case No. C10-1176-MJP ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL

The Court, having reviewed petitioner's application to proceed in forma pauperis on

13 appeal (Dkt. 19), the Report and Recommendation of United States Magistrate Judge James P. 14 Donohue, the petitioner's request that Judge Donohue recuse himself (Dkt. No. 21), the governing 15 law, and the balance of the record, does hereby find and ORDER: 16 17 18 19 20 21 22 23 \\ \\ ORDER -1 (3) (1) (2) The Report and Recommendation is ADOPTED; Petitioner's application to proceed in forma pauperis on appeal is DENIED because petitioner has not shown an inability to pay the appeal fee and because this appeal is not taken in good faith; Petitioner's request that Judge Donohue recuse himself is DENIED because petitioner has not shown any basis by which Judge Donohue's impartiality might reasonably be questioned;

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(4)

The Clerk of Court is directed to send copies of this Order to petitioner and to Judge Donohue.

DATED this 29th day of November, 2010.

Marsha J. Pechman United States District Judge

A

ORDER -2