(PC) Stevens v. Smith

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LYRALISA LAVENA SMITH, Case No. 1:22-cv-00741-SAB (PC)

Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR RECUSAL

v. (ECF No. 10) S. SMITH, et al., Defendants.

15 Plaintiff Lyralisa Lavena Smith is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s motion to recuse the assigned Magistrate Judge, filed August 25, 2022. “Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the 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 therein.” 28 U.S.C. § 144. “Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” U.S.C. § 455(a). Under both recusal statutes, the substantive standard is “whether…