Martinez
(PC) Corral v. Martinez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DYLAN SCOTT CORRAL, No. 2: 19-cv-0859 JAM KJN P Plaintiff, v. ORDER CORPORAL MARTINEZ, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion to disqualify the undersigned. (ECF No. 6.) The undersigned construes plaintiff’s motion to disqualify as a motion for recusal. For the reasons stated herein, plaintiff’s motion is denied. Plaintiff's motion is considered pursuant to the standards set forth in 28 U.S.C. § 144 and § 455. Specifically, Title 28 U.S.C. § 144 provides, in part: Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further …