Schlenvogt

Schlenvogt v. Marshall

Good Law
356 F. App'x 955
United States Court of Appeals for the Ninth CircuitDecember 14, 2009No. 08-17196California341 words

Opinion

Lead Opinion

MEMORANDUM **

O. Paul Schlenvogt appeals pro se from the district court’s judgment dismissing his action brought under 42 U.S.C. § 1983 and the Racketeer Influenced and Corrupt Organizations Act. He also appeals from the order denying his motion to disqualify the district and magistrate judges. To the extent we have jurisdiction, it is under 28 U.S.C. § 1291 . We affirm in part and dismiss in part.

The district court did not abuse its discretion by denying Schlenvogt’s motion for disqualification because the motion was *957 based on adverse rulings and unsupported assertions. See Liteky v. United States, 510 U.S. 540, 555 , 114 S.Ct. 1147 , 127 L.Ed.2d 474 (1994) (“judicial rulings alone almost never constitute a valid basis for a bias or partiality motion”); Pesnell v. Ar-senault, 543 F.3d 1038, 1043-44 (9th Cir. 2008) (concluding that the district court did not abuse its discretion by denying a motion for disqualification where there was no showing that the judge was likely to be a material witness).

We lack jurisdiction to review the underlying judgment because Schlen-vogt’s notice of appeal was filed more than thirty days after entry of judgment. See Fed. R.App. P.…

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