Tanbeer Singh Brar v. State of California

Summary

The United States District Court for the Eastern District of California denied Tanbeer Singh Brar’s motion to disqualify the assigned magistrate judge and District Judge Jennifer L. Thurston under 28 U.S.C. § 455. The court held that the motion relied on conclusory allegations and adverse judicial rulings in other cases, which did not establish actual or apparent bias.

Holdings

1. Judicial rulings alone, without supporting facts showing actual or apparent bias, almost never constitute a valid basis for a motion to disqualify a judge.
2. A motion for recusal must be decided by the judge whose impartiality is being questioned.

Questions Presented

1. Whether the alleged adverse judicial rulings and conclusory assertions of bias required disqualification under 28 U.S.C. § 455.
2. Whether the motion was sufficient when it alleged no facts showing personal bias, prejudice, or personal knowledge of disputed evidentiary facts.

Disposition

other