Mogan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL MOGAN, Case No. 21-cv-08431-TSH

Plaintiff,

ORDER DENYING MOTION FOR

v. RECUSAL

SACKS, RICKETTS & CASE LLP, et al., Re: Dkt. No. 54 Defendants.

12 Pending before the Court is Plaintiff Michael Mogan’s Motion for Recusal. ECF No. 54. Plaintiff seeks recusal of the undersigned judge based on lack of impartiality, bias, and prejudice shown in previous rulings. Motions to disqualify or recuse a judge fall under two statutory provisions, 28 U.S.C. § 144 and 28 U.S.C. § 455. Section 144 requires a party seeking recusal to file a timely and sufficient affidavit averring that the judge before whom the matter is pending has a personal bias or prejudice either against the party or in favor of an adverse party, and setting forth the facts and reasons for such belief. 28 U.S.C. § 144. Similarly, § 455 requires a judge to disqualify himself “in any proceeding in which his impartiality might reasonably be questioned,”…