Scheidler v. Avery et al

Filing 28

ORDER DENYING RECUSAL of Judge Leighton. The Motion for Recusal 11 is being referred to Chief Judge Marsha Pechman for further handling. Signed by Judge Ronald B. Leighton. (DN)

1

HONORABLE RONALD B. LEIGHTON

2
3
4
5
6

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

7
8

WILLIAM SCHEIDLER,

CASE NO. C12-5996 RBL

9
Plaintiff,

ORDER DENYING RECUSAL

10
v.
11
JAMES AVERY, et al.,
12
Defendants.
13
14

THIS MATTER is before the Court on pro se Plaintiff William Scheidler’s Motion to

15 Recuse under 28 U.S.C. §144 and §455. Plaintiff’s underlying lawsuit asserts various claims
16 against various Kitsap County officials, including a deputy prosecutor. Plaintiff claims that
17 because Judge Leighton defended attorneys from malpractice claims while in private practice, he
18 will be biased against Plaintiff in this case.
19

28 U.S.C. §144 requires a party seeking such relief to substantiate his claim of bias or

20 prejudice:
21
22
23

Whenever a party to any proceeding in a district court makes and
files a timely and sufficient affidavit that the judge before whom
the matter is pending has a personal bias or prejudice either against
him or in favor of any adverse party, such judge shall proceed no
further therein, but another judge shall be assigned to hear such
proceeding.

24

ORDER DENYING RECUSAL - 1

1
2
3
4

The affidavit shall state the facts and the reasons for the belief that
bias or prejudice exists, and shall be filed not less than ten days
before the beginning of the term at which the proceeding is to be
heard, or good cause shall be shown for failure to file it within
such time. A party may file only one such affidavit in any case. It
shall be accompanied by a certificate of counsel of record stating
that it is made in good faith.

5
Section 455(a) similarly provides:
6
7

Any justice, judge, or magistrate judge of the United States shall
disqualify himself in any proceeding in which his impartiality
might reasonably be questioned.

8
Plaintiff has not met the requirements of either recusal statute, and his claim of general
9
bias based on a portion of the Court’s private practice a decade ago is insufficient as a matter of
10
law. There is no claim and no evidence of any personal bias or prejudice.
11
Under GR 8(c), Local Rules W.D. Wash., prior to a ruling on the motion by the chief
12
judge, this Court may “review the motion papers and decide whether to recuse voluntarily.”
13
This Court has reviewed the Motion and it will not recuse voluntarily. It therefore refers
14
the matter to Chief Judge Marsha J. Pechman.
15
The Clerk shall send uncertified copies of this order to all counsel of record, and to any
16
party appearing pro se.
17
IT IS SO ORDERED.
18
Dated this 27th day of December, 2012.
19
20

A

21

Ronald B. Leighton
United States District Judge

22
23
24

ORDER DENYING RECUSAL - 2