Buccola

Buccola v. Boucher

Good Law
United States District Court, Northern District of CaliforniaSeptember 9, 20245:22-cv-03877California560 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 THERESA I. BUCCOLA, Case No. 22-cv-03877-NC

Plaintiff,

ORDER FINDING NO BASIS FOR

v. RECUSAL

JOSEPH L. BOUCHER, et al., Re: Dkt. No. 259 Defendants.

12 On August 4, 2024, Plaintiff Theresa Irene Buccola filed an objection to defendants’ motion for remote appearance. Dkt. No. 242. At the end of her objection, she stated, “[t]he Plaintiff requires Judge Cousins to recuse himself from this case.” Id. In response, Judge Cousins granted Buccola leave to request his disqualification pursuant to the standards and procedures set forth in 28 U.S.C. § 144 and 28 U.S.C. § 455. Dkt. No. 245. Judge Cousins explained that, under 28 U.S.C. § 144, a party may submit a sworn affidavit specifying “the facts and the reasons for the belief that [the judge has shown] bias or prejudice” against the petitioning party. He also explained that if Buccola believed Judge Cousins was disqualified under the standards set forth in 28 U.S.C. § 455, she could file…

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