Martinez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MELVIN RAY BRUMMETT, JR., Case No. 1:21-cv-00086-BAM (PC) Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

TO DISQUALIFY AND/OR RECUSE

v. MAGISTRATE JUDGE MARTINEZ, (ECF No. 128) Defendant. 16 I. Introduction Plaintiff Melvin Ray Brummett, Jr. (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. All parties have consented to Magistrate Judge jurisdiction. (ECF No. 105.) This action proceeds on Plaintiff’s claims against Defendant Martinez (“Defendant”) for retaliation in violation of the First Amendment and deliberate indifference to risk of harm in violation of the Eighth Amendment. The case is set for a jury trial commencing October 16, 2024, before the undersigned. Currently before the Court is Plaintiff’s motion to disqualify and/or recuse Magistrate Judge. (ECF No. 128.) Defendant has not yet had an opportunity to file a…