Black v. Siskiyou County

Summary

The United States District Court for the Eastern District of California denied plaintiff Siva D. Black’s motion seeking recusal of the undersigned magistrate judge. The court held that the motion did not identify an extrajudicial source of bias or prejudice and that adverse judicial rulings alone were insufficient to establish grounds for recusal under 28 U.S.C. §§ 144 and 455.

Holdings

1. A judge's prior adverse rulings, without more, are not a sufficient basis for recusal under 28 U.S.C. §§ 144 or 455.
2. The judge to whom a recusal motion is directed may determine and deny the motion when the supporting affidavit or allegations are legally insufficient.

Questions Presented

1. Whether plaintiff's allegations based on adverse prior rulings established a legally sufficient basis for recusal under 28 U.S.C. §§ 144 and 455.
2. Whether the motion alleged facts demonstrating that the judge's impartiality might reasonably be questioned or that the judge had personal bias or prejudice arising from an extrajudicial source.

Disposition

other