Jasso

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

EDWARD B. SPENCER, 1:20-cv-00909-ADA-GSA-PC

Plaintiff, ORDER DENYING PLAINTIFF’S

MOTION TO DISQUALIFY

vs. MAGISTRATE JUDGE

JASSO, et al., (ECF No. 27.)

Defendants.

19 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 June 30, 2020. (ECF No. 1.) This case now proceeds with the First Amended Complaint filed on October 18, 2021, against defendant J. Jasso (“Defendant”) for retaliation, withholding Plaintiff’s mail, and violation of due process. (ECF Nos. 12, 17.) On June 28, 2023, Plaintiff filed a motion to disqualify Magistrate Judge Gary S. Austin from participating in this case. (ECF No. 27.) Defendant has not filed an opposition. (Court Record.) II. DISQUALIFICATION OF MAGISTRATE JUDGE -…