Beard

(PC) Stevens v. Beard

Good Law
United States District Court, Eastern District of CaliforniaApril 4, 20231:17-cv-01002California826 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LYRALISA LAVENA STEVENS, Case No. 1:17-cv-01002-AWI-SAB (PC)

Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

TO RECUSE MAGISTRATE JUDGE

v. (ECF No. 62) JEFFREY A. BEARD, et al., Defendants.

15 Plaintiff Lyralisa Lavena Stevens is proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Currently before the Court is Plaintiff’s motion to recuse the undersigned Magistrate Judge pursuant to 28 U.S.C. § 455, filed March 8, 2023. Defendants did not file an opposition. 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 22 disqualify himself ... [w]here he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding.... 28 U.S.C. 455(a), (b)(1). 24 A party may seek…

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