N.R.

N.R. v. Del Mar Unified School District

Good Law
United States District Court, Southern District of CaliforniaSeptember 12, 20233:21-cv-01759California1,751 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 N.R., Case No.: 21-cv-01759-AJB-WVG Plaintiff,

ORDER DENYING PLAINTIFF’S

v. MOTION TO DISQUALIFY

14 DEL MAR UNIFIED SCHOOL (Doc. No. 64) DISTRICT, Defendant. 16 17 Pending before the Court is a motion to disqualify pursuant to 28 U.S.C. §§ 144 and 455 filed by Plaintiff N.R., proceeding pro se. (Doc. No. 64.) Having reviewed the motion, the Court finds it suitable for determination without a hearing. See L. Civ. Rule. 7.1.d (“A judge may, in the judge’s discretion, decide a motion without oral argument.”). For the reasons set forth below, the Court DENIES Plaintiff’s motion. // // // // // I. LEGAL STANDARD Section 144 requires the movant to have filed “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 presiding judge may determine the legal sufficiency of the…

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