Jordan

MEMORANDUM **

Michael Baird Jordan appeals from the district court’s denial of his recusal motion and his motion to suppress statements allegedly made in violation of his Miranda rights. The facts are known to the parties and need not be repeated here, except as necessary to explain our decision.

We review a district court’s denial of a recusal motion for abuse of discretion. See Leslie v. Grupo ICA, 198 F.3d 1152, 1157 (9th Cir.1999). Because Jordan challenged nothing more than the district court’s adverse credibility finding with respect to his testimony, his affidavit failed to present a legally sufficient ground for recusal under 28 U.S.C. § 144 . See United States v. Sibla, 624 F.2d 864, 867 (9th Cir.1980). Accordingly, referral to another judicial officer was not necessary. See United States v. Scholl, 166 F.3d 964, 977 (9th Cir.1999). 1

On de novo review, see United States v. Reilly, 224 F.3d 986, 992 (9th Cir.2000), we conclude that the exchange between Erickson and Jordan falls within the public safety exception to the Miranda rule as it was prompted by “an objectively *441 reasonable need to protect the police or the public from any immediate danger.” New York v.…