Zhang

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TAIMING ZHANG, Case No. 23-cv-00972-TLT

Plaintiff,

ORDER DENYING EX PARTE

v. EMERGENCY MOTION; DISMISSING

CASE WITHOUT PREJUDICE

APPLE INC., Re: ECF No. 17 Defendant.

Pending before the Court is Plaintiff Taiming Zhang’s “ex parte emergency motion on reopening the last motion, and further additions to the disqualification motion without hearing.” ECF No. 17. The Court first addresses Plaintiff’s request to disqualify the undersigned. Motions to qualify fall under 28 U.S.C. § 144 and 28 U.S.C. § 455. Under Section 144, “[w]henever a party to any proceeding in a district court makes and 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, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding.” “An affidavit filed pursuant to [Section 144] is not…