Jeffrey L. Clemens v. United States District Court for the Central District of California, United States of America, Real Party in Interest

Jeffrey Clemens seeks a writ of mandamus from the district court’s denial of his motion to disqualify all of the district court judges in the Central District of California from presiding over his criminal trial. We deny the petition for a writ of mandamus.

I

Clemens is charged in a four-count indictment with making threats with intent to extort, assault, murder, or to inflict harm upon three federal district court judges from the Central District of California, in violation of 18 U.S.C. §§ 876 and 115(a)(1)(B). The threats were made in connection with pro se suits Clemens had filed in the Central District of California. He was arraigned July 12, 2005. Trial is set for November 8, 2005, before Hon. S. James Otero, a district judge in the Central District of California.

Clemens filed a motion for an order, pursuant to 28 U.S.C. § 455 (a), disqualifying all of the judges from the Central District of California from presiding over his criminal trial. Upon request of Judge Otero, the Chief Judge of the Ninth Circuit Court of Appeals ordered that the case be transferred temporarily to the Hon. James C. Mahan, United States District Judge in and for the District of Nevada, for the…