Holmes

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KIARA HOLMES, Case No. 24-cv-00115-JST

Plaintiff,

ORDER DENYING MOTION TO

v. RECUSE

STEVE CHEN, et al., Re: ECF No. 84 Defendants.

13 Plaintiff Kiara Holmes has filed a motion for this Court to recuse. ECF No. 84. The Court 14 will deny the motion. See Civ. L.R. 3–14. 15 Motions to disqualify or recuse a judge fall under two statutory provisions, 28 U.S.C. 16 § 144 and 28 U.S.C. § 455. Section 144 provides for recusal where a party files a timely and 17 sufficient affidavit averring that the judge before whom the matter is pending has a personal bias 18 or prejudice either against the party or in favor of an adverse party, and setting forth the facts and 19 reasons for such belief. See 28 U.S.C. § 144. 20 A judge finding a § 144 motion timely and the affidavits legally sufficient must proceed no 21 further and another judge must be assigned to hear the matter. See id.; United States v. Sibla, 624 22 F.2d 864, 867 (9th Cir. 1980). Where the affidavit is not…