Pleshchuck

(PC) Harris v. Pleshchuck

Good Law
United States District Court, Eastern District of CaliforniaOctober 19, 20222:19-cv-01751California760 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TEVIN LEE HARRIS, No. 2: 19-cv-1751 DAD KJN P Plaintiff, v. ORDER R. VALENCIA, et al., Defendants. 16 Plaintiff is a state prisoner proceeding, without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for recusal of the undersigned. (ECF No. 115.) For the reasons stated herein, plaintiff’s motion for recusal is denied. Legal Standard Federal law allows a judge to recuse from a matter based on a question of partiality: Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. He shall also disqualify himself ... [w]here he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding.... 25 28 U.S.C. 455(a), (b)(1). 26 A party may seek recusal of a…

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