Daniel R. Denardo v. Municipality of Anchorage

Daniel DeNardo appeals pro se the dismissal of his civil rights action against the Municipality of Anchorage and multifarious other defendants. DeNardo contends that the district court judge, Judge Singleton, erred in failing to recuse himself, and that the district court erred in dismissing the complaint on res judicata grounds after DeNardo failed to appear or show cause why the complaint should not be dismissed. We affirm.

DeNardo contends that Judge Singleton should have recused himself because he is a member of the Alaska Bar Association, a named defendant, and be cause DeNardo apparently sent a letter to the Senate Judiciary Committee opposing Judge Singleton’s nomination. A judge is required to recuse himself under 28 U.S.C. §§ 144 , 455 if an objectively reasonable person informed of the facts would conclude that the judge’s impartiality might reasonably be questioned were the judge to continue to hear the case. United States v. Studley, 783 F.2d 934, 939 (9th Cir.1986); United States v. Winston, 613 F.2d 221, 222 (9th Cir.1980). DeNardo bears the burden of proving facts which justify recusal, see Idaho v. Freeman, 478 F.Supp. 33, 35 (D.Idaho 1979), and the district…