Rodriguez v. Larabee et al

Filing 52

ORDER denying 42 Plaintiff's Motion for Recusal and AFFIRMING Judge Martinez's Order Declining to Recuse 51 ; signed by Judge Ronald B. Leighton.(DN) Modified on 10/5/2016 (DN). (cc to pltf) Modified on 10/5/2016 (DN). (Notification emailed to Judge Martinez) Modified on 10/5/2016 (DN).

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JERARDO RODRIGUEZ,

CASE NO. C16-446-RSM

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Plaintiff,

ORDER

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v.
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JUDY LARABEE, et al.,
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Defendant.
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THIS MATTER is before the Court on review of Chief Judge Ricardo Martinez’s Order

15 [Dkt. #51] declining to recuse himself in response to pro se Plaintiff Jerardo Rodriguez’s Motion
16 for Recusal [Dkt. #42]. The Order was referred to this Court as the most senior non-Chief Judge
17 under 28 U.S.C. § 144 and LCR 3(e).
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Judge Martinez dismissed Rodriguez’s complaint without prejudice on Defendant’s

19 motion, but gave Rodriguez 15 days to file an amended complaint. [Dkt. #35] He determined that
20 the complaint did not state a plausible claim.
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A plaintiff’s complaint must allege facts to state a claim for relief that is plausible on its

22 face. See Aschcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009). A claim has “facial plausibility” when
23 the party seeking relief “pleads factual content that allows the court to draw the reasonable
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ORDER - 1

1 inference that the defendant is liable for the misconduct alleged.” Id. Although the Court must
2 accept as true the Complaint’s well-pled facts, conclusory allegations of law and unwarranted
3 inferences will not defeat a Rule 12(c) motion. Vazquez v. L. A. County, 487 F.3d 1246, 1249
4 (9th Cir. 2007); Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir. 2001). “[A]
5 plaintiff’s obligation to provide the ‘grounds’ of his ‘entitle[ment] to relief’ requires more than
6 labels and conclusions, and a formulaic recitation of the elements of a cause of action will not
7 do. Factual allegations must be enough to raise a right to relief above the speculative level.” Bell
8 Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citations and footnotes omitted). This requires
9 a plaintiff to plead “more than an unadorned, the-defendant-unlawfully-harmed-me-accusation.”
10 Iqbal, 129 S. Ct. at 1949 (citing Twombly).
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Rodriguez’s Motion claims that he has met this standard, especially considering that he is

12 pro se. He argues that he is entitled to a fair trial and that if Judge Martinez cannot (in
13 Rodriguez’s eyes) provide one, he should recuse himself.
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A federal judge should recuse himself if “a reasonable person with knowledge of all the

15 facts would conclude that the judge’s impartiality might reasonably be questioned.” 28 U.S.C.
16 § 144; see also 28 U.S.C. § 455; Yagman v. Republic Insurance, 987 F.2d 622, 626 (9th Cir.
17 1993). This objective inquiry is concerned with whether there is the appearance of bias, not
18 whether there is bias in fact. See Preston v. United States, 923 F.2d 731, 734 (9th Cir. 1992); see
19 also United States v. Conforte, 624 F.2d 869, 881 (9th Cir. 1980). ). In the absence of specific
20 allegations of personal bias, prejudice, or interest, neither prior adverse rulings of a judge nor his
21 participation in a related or prior proceeding is sufficient” to establish bias. Davis v. Fendler,
22 650 F.2d 1154, 1163 (9th Cir. 1981). Judicial rulings alone “almost never” constitute a valid
23 basis for a bias or partiality motion. Liteky v. United States, 510 U.S. 540, 555 (1994).
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ORDER - 2

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Rodriguez’s recusal request does not identify or claim any personal bias, prejudice or

2 interest. It is based instead on the claim that Judge Martinez erred in requiring an amended
3 complaint. Even if he had, that is not a basis for recusal.
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Rodriguez’s Motion for Recusal [Dkt. #42] is DENIED, and Judge Martinez’s Order

5 Declining to Recuse [Dkt. #51] is AFFIRMED.
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IT IS SO ORDERED.

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Dated this 5th day of October, 2016.

A

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Ronald B. Leighton
United States District Judge

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ORDER - 3