Roberts
(PS) Shao v. Roberts
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 YI TAI SHAO, No. 2:22-cv-00325 JAM AC PS Plaintiff, ORDER AND FINDINGS &
RECOMMENDATIONS
v. JOHN G. ROBERTS, JR., et al., Defendants. 16 Currently pending before the court is plaintiff’s motions for recusal of District Judge John A. Mendez and Magistrate Judge Allison Claire (ECF No. 29). I. MOTION TO RECUSE Plaintiff seeks recusal of the assigned district judge and magistrate judge. ECF No. 29. Plaintiff’s motion is considered under the standards set forth in 28 U.S.C. §§ 144 and 455. The Ninth Circuit has “held repeatedly that the challenged judge h[er]self should rule on the legal sufficiency of a recusal motion in the first instance.” United States v. Studley, 783 F.2d 934, 940 (9th Cir. 1986) (citing United States v. Azhocar, 581 F.2d 735, 738 (9th Cir. 1978) (collecting cases)). “Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit…