McKoby v. Post et al
ORDER denying 10 Motion for Recusal. Chief Judge Martinez's Order of Dismissal in which he declines to recuse himself 11 is AFFIRMED; signed by Judge Ronald B. Leighton.(DN) Modified on 1/24/2018 (DN). (cc to pltf)
HONORABLE RONALD B. LEIGHTON
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
CASE NO. C17-1517 RSM
GLEN POST – CENTURYLINK, et al.,
THIS MATTER is before the Court on review of Chief Judge Ricardo Martinez’s Order
of Dismissal [Dkt. #11] in which Judge Martinez declined to recuse himself in response to pro se
Plaintiff William McKoby’s “Affidavit of Prejudice/Motion to Recuse” [Dkt. #10]. The Order
was referred to this Court as the most senior non-Chief Judge under 28 U.S.C. § 144 and LCR
A federal judge should recuse himself if “a reasonable person with knowledge of all the
facts would conclude that the judge’s impartiality might reasonably be questioned.” 28 U.S.C.
§ 144; see also 28 U.S.C. § 455; Yagman v. Republic Insurance, 987 F.2d 622, 626 (9th Cir.
1993). This objective inquiry is concerned with whether there is the appearance of bias, not
whether there is bias in fact. See Preston v. United States, 923 F.2d 731, 734 (9th Cir. 1992); see
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also United States v. Conforte, 624 F.2d 869, 881 (9th Cir. 1980). ). In the absence of specific
allegations of personal bias, prejudice, or interest, neither prior adverse rulings of a judge nor his
participation in a related or prior proceeding is sufficient” to establish bias. Davis v. Fendler,
650 F.2d 1154, 1163 (9th Cir. 1981). Judicial rulings alone “almost never” constitute a valid
basis for a bias or partiality motion. Liteky v. United States, 510 U.S. 540, 555 (1994).
After obtaining IFP status, McKoby filed a disjointed Complaint that was deficient in
many ways. Chief Judge Martinez issued a Show Cause Order [Dkt. #5] directing McKoby to
correct several deficiencies identified by the Court. McKoby filed two responses that failed to
address the deficiencies in his Complaint. McKoby was provided an additional opportunity to
respond to the Show Cause Order but instead filed an Affidavit of Prejudice/Motion to Recuse
Chief Judge Martinez. After a careful review of the filings in this case, the Court determines that
McKoby does not articulate any factual basis to reasonably question Chief Judge Martinez’s
impartiality. Accordingly, the Motion to Recuse [Dkt. #10] is DENIED and Chief Judge
Martinez’s Order of Dismissal in which he declines to recuse himself [Dkt. #11] is AFFIRMED.
IT IS SO ORDERED.
Dated this 24th day of January, 2018.
Ronald B. Leighton
United States District Judge
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