(PC)Ramirez

(PC)Ramirez v. Khale

Good Law
United States District Court, Eastern District of CaliforniaFebruary 17, 20231:22-cv-01653California519 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ISRAEL MALDONADO RAMIREZ, 1:22-cv-01653-ADA-HBK (PC) Plaintiff, v. ORDER DENYING PLAINTIFF’S

CONSTRUED MOTION TO RECUSE

KHALE, et al., (Doc. No. 12) Defendant.

Pending before the Court is Plaintiff’s construed motion for the undersigned to recuse herself as the United States Magistrate Judge from this action. (Doc. No. 12). Plaintiff, a prisoner, has a pro se complaint pending, which he filed on December 30, 2022. (Doc. No. 1). The single page motion is disjointed. Plaintiff only asks, “to remove Helen BK out of the case” because Plaintiff does not want her “dueing [sic] the wrong thing.” (Doc. No. 12 at 1:3-4). Whether a federal judge must recuse oneself is governed by 28 U.S.C. § 455. Title 28 U.S.C. § 455 provides that a “magistrate judge shall disqualify [herself] in any proceeding in which [her] impartiality might reasonably be questioned” or “[w]here [she] has a personal bias or prejudice concerning a party.” …

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