Tanesha Blye v. Alex Kozinski

MEMORANDUM

Tanesha Blye, et al. (“Appellants”), represented by attorney Joseph R. Giannini (“Giannini”) appeal the district court’s dismissal of the case. Appellants first allege that Judge Illston abused her discretion in declining to recuse herself from the instant case after she concluded that it was related to Paciulan v. George, 38 F.Supp.2d 1128 (N.D.Cal.1999), over which she also presided. Second, Appellants contend that the district court abused its discretion in finding that Giannini failed to comply with the requirements of the 1999 pre-filing order in Paciulan , which formed the basis of both 1) Judge Walker’s denial of Appellants’ application for leave to file the complaint, and 2) Judge Illston’s dismissal of the complaint. As the facts and procedural history are familiar to the parties, we do not recite them here except as necessary to explain our disposition. We have jurisdiction under 28 U.S.C. § 1291 and we AFFIRM.

DISCUSSION

1. District Judge Illston Did Not Abuse Her Discretion in Declining to Recuse Herself From the Case

Appellants contend that the district court’s prior adjudication of Giannini’s similar cases gives an appearance of questionable…