Fry

(PC) Thomas v. Fry

Good Law
United States District Court, Eastern District of CaliforniaMarch 31, 20232:19-cv-01041California219 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 OTIS MICHAEL THOMAS, No. 2:19-cv-01041 KJM CKD P Plaintiff, ORDER v. 14) 1.C. FRY, etal., 1S Defendants. 16 17 18 Plaintiff has filed a second motion asking that the undersigned recuse. ECF No. 74. Recusal is governed by 28 U.S.C. § 455. District judges are statutorily obligated to recuse themselves if their “impartiality might reasonably be questioned” or if they “have a personal bias 22 or prejudice against a party.” United States v. $292,888.04 in U.S. Currency, 54 F.3d 564, 566— 57 (9th Cir. 1995). However, judges must recuse “only if the bias or prejudice stems from an 24 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). Because plaintiff does not identify any adequate basis for recusal and because there is 27 no basis to reasonably question…

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