Allison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANKIE WEISNER, No. 2:23-cv-0216 TLN CKD P Petitioner, v. ORDER KATHLEEN ALLISON, Respondent. 16 On May 25, 2023, petitioner filed a motion asking that the undersigned recuse herself from this action. 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). Petitioner seeks recusal arguing that the undersigned has demonstrated bias by “fail[ing] to establish that [petitioner] was served” with respondent’s answer and by denying petitioner’s 26 …