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Clarke v. Upton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Feb 14, 2012
1:07-CV-0888 AWI-SMS (E.D. Cal. Feb. 14, 2012)

Opinion

1:07-CV-0888 AWI-SMS

02-14-2012

STANLEY BRADFORD CLARKE, Plaintiff, v. SANDRA UPTON, AMPARO WILLIAMS; DEPARTMENT OF SOCIAL SERVICES; and COUNTY OF MADERA Defendants.


DISCLOSURE

A judge has an affirmative duty to recuse himself/herself in any proceeding in which his/her impartiality might reasonably be questioned. 28 U.S.C. § 455; Liteky v. United States, 510 U.S. 540, 555 (1994). In some cases, it is unclear whether a judge has an implied conflict until the parties' review both the specific facts of their case and the judge's personal circumstances. For this reason, the undersigned makes the following disclosure: It has come to the attention of the undersigned that Dr. Devona Kaji is a potential witness in this case. Dr. Kaji is the undersigned's sister-in-law. Because from the face of the moving papers it does not appear that the undersigned has an implied conflict, the undersigned declines to sua sponte recuse himself from this case. However, leave to file a motion for recusal is given to any party who believes that after reviewing the facts of this particular case such a motion is appropriate. Any motion for recusal shall be filed no later than 4 p.m. on Friday, February 24, 2012. IT IS SO ORDERED.

______________

CHIEF UNITED STATES DISTRICT JUDGE


Summaries of

Clarke v. Upton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Feb 14, 2012
1:07-CV-0888 AWI-SMS (E.D. Cal. Feb. 14, 2012)
Case details for

Clarke v. Upton

Case Details

Full title:STANLEY BRADFORD CLARKE, Plaintiff, v. SANDRA UPTON, AMPARO WILLIAMS…

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Feb 14, 2012

Citations

1:07-CV-0888 AWI-SMS (E.D. Cal. Feb. 14, 2012)