Warden

(PC) McElroy v. Warden

Good Law
United States District Court, Eastern District of CaliforniaAugust 25, 20212:21-cv-00642California1,325 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 LATWAHN MCELROY, No. 2:21-cv-00642 JAM DB P Plaintiff, v. ORDER WARDEN, et al., Defendants. 15 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. Presently before the court is plaintiff’s motion to recuse. (ECF No. 14.) For the reasons set forth below, this motion will be denied. I. Motion for Recusal Plaintiff’s motion is entitled “Motion for correctiveness [sic] of the record; Writ of Mandate and/or order for show of cause in whether recusal of D. Barnes is requireable and timely upon the record.” (ECF No. 14 at 1.) This motion requests the recusal of the undersigned. (Id.) It also argues in favor of granting plaintiff’s motion to appoint counsel and request to proceed in forma pauperis (“IFP”). (Id. at 4.) The court previously denied plaintiff’s motion to appoint counsel.1 (ECF No. 8.) The court filed findings and…

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