Stanley Gleason v. J. Gastelo

1 2 O 3 4 5 6 7 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 STANLEY GLEASON, ) Case No. CV 19-03742 DDP (JPR) ) Plaintiff, ) Order Denying Motion to ) Disqualify Magistrate Judge v. ) Rosenbluth ) WARDEN, J. CASTELO, et al., ) ) [Dkt. 43] Defendants. ) ) 16 Presently before the court is Plaintiff Stanley Gleason’s Motion to Disqualify Magistrate Judge Rosenbluth pursuant to 28 U.S.C. § 455. (Dkt. 42.) Having reviewed Platintiff’s submission, the court DENIES the motion and adopts the following Order. Plaintiff asserts that Magistrate Judge Rosenbluth is biased against him because he is proceeding pro se. Under Section 455, a judge “shall disqualify h[er]self in any proceeding in which h[er] impartiality might reasonably be questioned” and in proceedings in which “[s]he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding.” 28 U.S.C. § 455(a),(b)(1). The Ninth Circuit has 28 …