Linda Cook v. Ben Hossienzadeh et al.

Summary

The court denies Linda Cook’s motions to recuse the undersigned judge and reassign the case. The court finds no cognizable basis for recusal or reassignment based on the plaintiff’s challenge to the judge’s nomination under the Appointments Clause, and directs the Clerk to refer the motions to Chief Judge David Estudillo for further review.

Holdings

1. Recusal was not warranted because the plaintiff presented no facts that would cause a reasonable person to question the judge's impartiality and identified no cognizable statutory basis for disqualification.
2. The plaintiff was not entitled to reassignment or to an adjudication of the constitutional propriety of the judge's nomination before the court ruled on her claims because she failed to present clear evidence that the nomination was irregular.

Questions Presented

1. Whether the assigned judge was required to recuse under 28 U.S.C. §§ 144 or 455 based on the plaintiff's challenge to the judge's nomination and other alleged grounds.
2. Whether the plaintiff was entitled to case reassignment or a preliminary adjudication of the constitutional propriety of the judge's nomination.

Disposition

other