David Fink v. County of Los Angeles

I. INTRODUCTION & BACKGROUND

Plaintiff David Fink (“plaintiff”), a California state prisoner proceeding pro se, initiated this action on July 26, 2021, dkt. 1, and filed the operative third amended complaint on March 21, 2024. Dkt 76 (“TAC”). Plaintiff alleges that defendants County of Los Angeles, Stuart L. Shear, Elister L. Wilmore, Asaad M. Traina (“Traina’”), Ziba Dayani (“Dayani’”), Konian Kouassi, Sherwin Alo (“Alo”), Jason Wolak (“Wolak’), Joseph Dempsey (“Dempsey’’), and Does (collectively, “defendants”’) violated his Fourth, Eighth, and Fourteenth Amendment rights pursuant to 42 U.S.C. § 1983. TAC § 5-15, 83-110. On December 13, 2024, plaintiff filed the instant “Motion Under 28 U.S.C. 455 to Recuse the Honorable Magistrate Rozella Oliver Upon the Ground of Partisan Embroilment.” Dkt. 135 (“Mot.”). On December 18, 2024, defendants filed an opposition brief. Dkt. 139 (“Opp.”). Having carefully considered the parties’ arguments and submissions, the Court finds and concludes as follows.

! Plaintiff alleges that the individual and Doe defendants are employees of Men’s Central Jail, including medical professionals and “captains” who implemented body cavity…