Cates

(PC) Simmons v. Cates

Good Law
United States District Court, Eastern District of CaliforniaAugust 8, 20231:23-cv-00856California813 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MELVIN JOSEPH SIMMONS, 1:23-cv-00856-JLT-GSA-PC

Plaintiff, ORDER DENYING MOTION TO RECUSE

DISTRICT JUDGE

vs.

CATES, et al., Defendants. 16 17 I. INTRODUCTION Plaintiff filed a document that appears to request, in part, that the undersigned recuse herself from participating in this case. (Doc. 11.) II. LEGAL STANDARDS Pursuant to 28 U.S.C. § 455, a judge must disqualify herself if her “impartiality might be reasonably questioned,” or if she has “a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding,” 28 U.S.C. § 455(b)(1). “[J]udicial rulings alone almost never constitute a valid basis for a bias or partiality motion.” Pesnell v. Arsenault, 543 F.3d 1038, 1044 (9th Cir. 2008) (quoting Liteky v.…

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