Lietzke v. City of Montgomery et al

Filing 9

ORDER re: Plaintiff's 6 Motion for Recusal. The Court hereby finds and ORDERS that Judge Robart's refusal to recuse himself from this matter is AFFIRMED and Mr. Lietkze's motion (Dkt. # 6 ) is DENIED. Signed by Chief Judge Ricardo S Martinez. (PM) cc: plaintiff via first class mail

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 BILL LIETZKE, Plaintiff, 9 10 CASE NO. C17-1317-JLR v. 11 CITY OF MONTGOMERY, et al., 12 ORDER ON REVIEW OF MOTION TO RECUSE Defendants. 13 On October 4, 2017, Plaintiff Bill Lietzke filed an apparent proposed order in this matter. 14 See Dkt. #6. The Court interpreted Mr. Lietzke’s filing as seeking in part the recusal of Judge 15 James L. Robart. Dkt #8. Judge Robart has declined to recuse himself and, in accordance with 16 this Court’s Local Rules, referred that decision to the Chief Judge for review. Id.; LCR 3(e). 17 A judge of the United States shall disqualify himself in any proceeding in which his 18 impartiality “might reasonably be questioned.” Federal judges also shall disqualify themselves in 19 circumstances where they have a personal bias or prejudice concerning a party or personal 20 knowledge of disputed evidentiary facts concerning the proceeding. 28 U.S.C. § 455(b)(1). Mr. 21 Lietzke’s proposed order provides no allegations, let alone evidence, of bias or prejudice against 22 him on the part of the Court. See Dkt. #6. Nor does Mr. Lietzke cite to any proper basis in statute 23 or case law for recusal. In the absence of any allegations that Judge Robart “has a personal bias 24 ORDER ON REVIEW OF MOTION TO RECUSE1 1 or prejudice either against [Mr. Lietzke] or in favor of any adverse party” (28 U.S.C. § 144), served 2 as a lawyer in this controversy while in private practice (id., § 145), or has a financial interest in 3 the litigation (id.), there is no basis for recusal and Judge Robart was justified in declining to do 4 so. 5 Accordingly, the Court hereby finds and ORDERS that Judge Robart’s refusal to recuse 6 himself from this matter is AFFIRMED and Mr. Lietkze’s motion (Dkt. #6) is DENIED. The 7 Clerk shall provide a copy of this Order to Mr. Lietzke. 8 DATED this 23 day of October, 2017. 9 A 10 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER ON REVIEW OF MOTION TO RECUSE2

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