Barber

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KEENAN WILKINS, No. 2:19-cv-1338 WBS KJN P 12 Plaintiff, 13 v. ORDER 14 DR. CHRISTINE BARBER, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding pro se, with a civil rights action. The matter was 18 referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 19 302. On September 8, 2020, plaintiff filed his third motion to recuse the undersigned magistrate 20 judge pursuant to 28 U.S.C. § 144. (ECF No. 114). As discussed below, plaintiff’s motion is 21 denied. 22 I. Legal Standards 23 Federal law provides that a party may seek recusal of a judge based on bias or prejudice. 24 Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the 25 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 26 therein,…