Wills
Wills v. City of Monterey
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CYNTHIA S WILLS, Case No. 21-cv-01998-EMC (LJC)
Plaintiff,
ORDER REGARDING AFFIDAVIT OF
v. BIAS
CITY OF MONTEREY, et al., Re: Dkt. No. 204 Defendants.
A. Introduction Plaintiff Cynthia Wills, pro se, has filed an affidavit of bias seeking recusal or disqualification of the undersigned magistrate judge, to whom discovery issues have been referred in this action. ECF No. 204. Wills cites 28 U.S.C. § 144, which requires reassignment of a case to a different judge upon filing of a timely and sufficient affidavit of bias or prejudice, and 28 U.S.C. § 445, which requires disqualification under specified circumstances that include bias or prejudice, personal knowledge of disputed facts, certain conflicts of interest as to parties or attorneys, or proceedings in which a judge’s impartiality might reasonably be questioned. For the reasons discussed below, the Court finds no basis to recuse, and further finds that Wills’s…