Wolde-Giorgis

Wolde-Giorgis v. Christiansen

Good Law
307 F. App'x 67
United States Court of Appeals for the Ninth CircuitJanuary 7, 2009No. 06-15881California571 words

Opinion

Lead Opinion

MEMORANDUM **

Araya Wolde-Giorgis appeals pro se from the magistrate judge’s denial of his motion for a new trial following a jury verdict in favor of the appellees in his employment discrimination action. Wolde-Giorgis also appeals the magistrate judge’s order dismissing his minor children from the lawsuit. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

The magistrate judge did not abuse his discretion in denying the motions to recuse. The motions for recusal did not point to an extrajudicial source of bias and did not lead to a conclusion that the judge’s impartiality might reasonably be questioned. See United States v. Hernandez, 109 F.3d 1450, 1453-54 (9th Cir.1997). As to the motion to re-assign the case or to allow Wolde-Giorgis to withdraw his consent to a magistrate judge, Wolde-Giorgis did not show good cause or extraordinary circumstances. See 28 U.S.C. § 636 (c)(4).

The magistrate judge’s admission of the appellee’s exhibits based on the application of the business record exception to the hearsay rule was not an abuse of discretion. In his testimony, Mr. Cranswick established he understood the record-keeping system. See Fed.R.Evid. 803(6); Latman v.…

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