McNally

McNally v. Riis

Good Law
United States District Court, Southern District of CaliforniaJanuary 31, 20203:18-cv-01150California1,518 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 GREGORY S. MCNALLY, Case No.: 18-CV-1150 JLS (AGS)

Plaintiff,

ORDER OF RECUSAL

v.

DANIEL RIIS, Defendant. 16 17 Presently before the Court are affidavits filed by Defendant Daniel Riis (Affidavit of Daniel Riis (“Riis Affidavit”), ECF No. 82-1) and Defendant’s counsel Casey Sweda (Affidavit of Casey M. Sweda (“Sweda Affidavit”), ECF No. 82). Defendant’s affidavits state that the Court harbors personal bias against Defendant in this matter. Defendant argues that because of that bias, the Court’s impartiality may reasonably be questioned and disqualification under 28 U.S.C. § 144 or recusal under 28 U.S.C. § 455(a) is required. Plaintiff filed an Objection to Defendant’s Request for Recusal or Disqualification (ECF No. 83). 26 27 28 1 Because both affidavits contain the same factual assertions, the Court will cite primarily to the Sweda BACKGROUND This case came before the Court on June 3, 2018,…

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