Carey v. International Union of Operating Engineers (IUOE) Local 612 et al

Filing 22

ORDER re 21 Denying Plaintiff's MOTION to Re-Open and Re-Assign to an Unbiased / Seattle Venue. This motion will be referred to Chief Judge Pechman. Signed by Judge Ronald B. Leighton. (DN)

HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ORDER

Plaintiff,

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No. 12-cv-5025 RBL

Suzanne Carey,

[Dkt. #21]

v.
International Union of Operating Engineers
(IUOE) Local 612; Ernie Evans; Ed Taylor,
Defendants.

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Ms. Carey has moved to re-open her case and have it reassigned. The Court will treat the

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motion as one for recusal. Under 28 U.S.C. § 144 and 28 U.S.C. § 455, recusal of a federal
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judge is appropriate if a reasonable person with knowledge of all the facts would conclude that

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the judge’s impartiality might reasonably be questioned. Yagman v. Republic Insurance, 987

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F.2d 622, 626 (9th Cir. 1993). “In the absence of specific allegations of personal bias, prejudice,

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or interest, neither prior adverse rulings of a judge nor his participation in a related or prior

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proceeding is sufficient” to establish bias. Davis v. Fendler, 650 F.2d 1154, 1163 (9th Cir.
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1981); see also Liteky v. United States, 510 U.S. 540, 555 (1994) (“judicial rulings alone almost

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never constitute valid basis for a bias or partiality motion.”).

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Ms. Carey’s attempt to re-litigate the same case that she has been repeatedly filing for

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eight years was dismissed under res judicata. (See Order, Dkt. #17.) Her filings are rambling
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and semi-coherent at best. But despite those obstacles, the Court has made ample efforts to

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discern her complaints and is unable to find any grounds for recusal. It is clear that Ms. Carey

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simply does not like the outcome mandated by law.

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As such, the motion (Dkt. #21) is DENIED. The Court will refer the motion to Chief

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Judge Pechman pursuant to GR 8(c).
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Dated this 23rd day of July 2012.

A
Ronald B. Leighton
United States District Judge

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Order - 2