Felita Sample v. Frank O'Hara

MEMORANDUM

Plaintiff Felita Sample appeals the district court judgment dismissing her pro se action against First Transit, Inc. (“First Transit”) and two of its employees (collectively “Defendants”). Sample’s complaint alleges that Defendants violated federal law by failing to reserve seating for disabled passengers on a school bus it operates and by discriminating against Sample. The district court dismissed Sample’s action with prejudice for failure to state a claim. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Sample argues on appeal that Judge Susan Illston was required to recuse herself from Sample’s case. Sample claims that Judge Illston had rendered an adverse decision against her in a previous case and that Judge Illston is currently involved in a “disability proceeding for judicial misconduct.” Sample also argues that the district court should not have granted Defendants’ motion to dismiss before Defendants filed an answer to her complaint.

Judge Illston was not required to recuse herself from hearing Sample’s case. Sample has not presented evidence of any past case in which Judge Illston ruled against her, and in any event “ [unfavorable rulings alone…