Milan

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

EDWARD B. SPENCER, 1:20-cv-00682-JLT-GSA-PC

Plaintiff, ORDER DENYING MOTION FOR

DISQUALIFICATION OF MAGISTRATE

vs. JUDGE

RICHARD MILAN, (ECF No. 58.)

Defendant.

17 I. BACKGROUND Edward B. Spencer (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on May 14, 2020. (ECF No. 1.) On August 12, 2021, the court screened the Complaint and issued an order for Plaintiff to either (1) file an amended complaint or (2) notify the court that he is willing to proceed only against Defendant Milan on the Eighth Amendment claim found cognizable by the Court. (ECF No. 12.) On September 20, 2021, Plaintiff notified the Court that he was willing to proceed with the cognizable Eighth Amendment claim. (ECF No. 15.) On September 23, 2021, the Court issued findings and…