Ng
Ng v. Russell
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CHARLES CHITAT NG, Case No. 18-cv-00763-WHO (PR)
Plaintiff,
ORDER DENYING MOTION TO
v. DISQUALIFY
J. RUSSELL, et al., Defendants. Dkt. No. 107
12 Plaintiff Ng has filed a motion to disqualify me from presiding over his suit. He makes no specific allegations against me, but rather declares in a conclusory fashion that “this judge has demonstrated biased [sic] against Plaintiff” and asks that “this case be reassigned to another judge in the interest of justice.” (Mot. to Disqualify, Dkt. No. 107 at 1.) Motions to disqualify fall under two statutory provisions, 28 U.S.C. § 144 and 28 U.S.C. § 455. Section 144 provides for recusal where a party files 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. See 28 U.S.C. § 144. …