Fry
(PC) Thomas v. Fry
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 OTIS MICHAEL THOMAS, No. 2:19-cv-1041 KJM CKD P Plaintiff, v. ORDER J.C. FRY, et al., Defendants. 16 On March 23, 2023, plaintiff filed a second motion asking that the undersigned recuse. Recusal is governed by 28 U.S.C. § 455. Federal judges are statutorily obligated to recuse if their “impartiality might reasonably be questioned” or if they “have a personal bias or prejudice against a party,” United States v. $292,888.04 in U.S. Currency, 54 F.3d 564, 566–57 (9th Cir. 1995), as long as “the bias or prejudice stems from an extrajudicial source and not from conduct or rulings made during the course of the proceeding.” Pau v. Yosemite Park & Curry Co., 928 F.2d 880, 885 (9th Cir. 1991) (internal quotation omitted). Essentially, plaintiff seeks recusal solely based on rulings in this case. Because plaintiff fails to identify any adequate basis for ///// ///// ///// ///// || recusal, and because there is no…