Longia

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

11 PEDRO RODRIGUEZ, 1:19-cv-01714-NONE-EPG (PC) Plaintiff, ORDER DENYING PLAINTIFF’S

MOTION FOR RECUSAL OF PRESIDING

v. MAGISTRATE JUDGE PURSUANT TO 28 U.S.C. §§ 144 AND 455

H. LONGIA, et al., (ECF No. 18)

16 Defendants. 17 18 19 Plaintiff, Pedro Rodriguez, is a prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. On August 26, 2020, Plaintiff filed a motion to recuse the presiding magistrate judge pursuant to 28 U.S.C. §§ 144 and 455. (ECF No. 18.) For the reasons set forth below, the motion will be denied. A. Request for 28 U.S.C. § 144 Recusal Section 144 provides: 26 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 27 personal bias or prejudice either against him or in favor of any adverse party, such 28 judge shall proceed no further therein, but another judge shall…