Malberg

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 MARTIN MALBERG, Case No. 22-cv-01788-BLF

Plaintiff,

ORDER DENYING “NOTICE OF

v. CONFLICT”

ROBERT CASHEN, et al., Defendants.

12 Before the Court is Plaintiff Martin Malberg’s “Notice of Conflict,” which the Court construes as a motion for recusal. Mot., ECF No. 68. Plaintiff’s motion attaches a declaration stating the basis for Plaintiff’s request. Id. at 2-3. For the reasons stated below, the Court DENIES Plaintiff’s motion. Plaintiff’s motion for recusal is governed by 28 U.S.C. §§ 144 and 455. Section 144 provides for recusal where a party files “a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party.” 28 U.S.C. § 144. The affidavit must “state the facts and the reasons for the belief that bias or prejudice exists.” Id. Recusal is required only if the…