Malberg

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 MARTIN MALBERG, Case No. 22-cv-04386-BLF

Plaintiff,

ORDER DENYING MOTION FOR

v. RECUSAL

ROBERT CASHEN, et al., Defendants.

12 Before the Court is Plaintiff Martin Malberg’s motion for recusal. Mot., ECF No. 22. 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 bias arose from an extrajudicial source. Toth v. Trans…