Martinez

(PC) Bledsoe v. Martinez

Good Law
United States District Court, Eastern District of CaliforniaSeptember 16, 20202:18-cv-02710California1,449 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONNELL BLEDSOE, Sr., No. 2:18-cv-2710 JAM KJN P Plaintiff, v. ORDER SGT. MARTINEZ, et al., Defendants. 16 Plaintiff is a former county jail inmate, proceeding pro se and in forma pauperis, in an action brought under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 10, 2020, plaintiff moved to disqualify the undersigned magistrate judge pursuant to California Civil Procedure § 170.1 “for bias.” (ECF No. 50 at 1.) Because plaintiff brings a claim in federal court, the California Rules of Civil Procedure do not apply. Padron v. City of Parlier, 2018 WL 1183378 (E.D. Cal. March 6, 2018); Harms v. Select Portfolio Servicing, Inc., 2016 WL 10935055, at *1 (N.D. Cal. Dec. 16, 2016). Accordingly, the undersigned construes plaintiff’s motion as brought under 28 U.S.C. §§ 144 and 455. Plaintiff also renews his request for counsel. …

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