Gomez

(PC) Merino v. Gomez

Good Law
United States District Court, Eastern District of CaliforniaAugust 30, 20222:21-cv-00572California749 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANCISCO MERINO, No. 2: 21-cv-0572 DAD KJN P Plaintiff, v. ORDER GOMEZ, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. On August 15, 2022, plaintiff filed a pleading with the court containing a request for appointment of counsel. (ECF No. 104 at 3.) Within the request for appointment of counsel, plaintiff alleges that the undersigned is biased against him. (Id.) The undersigned construes these allegations as a request for recusal. For the reasons stated herein, plaintiff’s request for recusal is denied. “Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” 28 U.S.C. § 455(a). A judge also shall disqualify himself where he “has a personal bias or prejudice concerning a party.” 28 U.S.C. § 455(b)(1); see also…

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