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Dang v. HSBC Bank USA

United States District Court, Ninth Circuit, California, N.D. California, San Jose Division
Apr 9, 2010
C 10-1283 JF (HRL) (N.D. Cal. Apr. 9, 2010)

Opinion


TUAN HAI DANG, et al., Plaintiffs, v. HSBC BANK USA; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; EXECUTIVE TRUSTEE SERVICES, LLC; and GMAC MORTGAGE, LLC, Defendants. No. C 10-1283 JF (HRL). United States District Court, N.D. California, San Jose Division. April 9, 2010.

          ORDER STRIKING PURPORTED MOTION FOR RECUSAL

This disposition is not designated for publication in the official reports.

          JEREMY FOGEL, District Judge.

         On March 31, 2010, Plaintiff Kim Dang filed a pleading entitled "Recusal of Judge for Cause and True Bill for Judge's Acts." Plaintiff seeks to recuse the undersigned judge on the basis of alleged bias against William Bullock Stewart III, a non-attorney who purports to act as Plaintiffs' counsel in this action as a "private attorney general." Treating Plaintiff's pleading as a motion for recusal, the Court finds that the motion is frivolous and finds no support in federal law. To succeed on a motion for recusal, a party must comply with the procedural requirements of 28 U.S.C. § 144. The party also must demonstrate that a "reasonable person with knowledge of all the facts would conclude that the judge's impartiality might reasonably be questioned." Clemens v. U.S. Dist. Court for Cent. Dist. of Cal., 428 F.3d 1175, 1178 (9th Cir. 2008) (internal citations and quotation marks omitted). A judge's ruling on a contested matter rarely may serve as a basis for recusal. Liteky vs. United States, 510 U.S. 540, 555 (1994).

         The pleading is hereby stricken.


Summaries of

Dang v. HSBC Bank USA

United States District Court, Ninth Circuit, California, N.D. California, San Jose Division
Apr 9, 2010
C 10-1283 JF (HRL) (N.D. Cal. Apr. 9, 2010)
Case details for

Dang v. HSBC Bank USA

Case Details

Full title:TUAN HAI DANG, et al., Plaintiffs, v. HSBC BANK USA; MORTGAGE ELECTRONIC…

Court:United States District Court, Ninth Circuit, California, N.D. California, San Jose Division

Date published: Apr 9, 2010

Citations

C 10-1283 JF (HRL) (N.D. Cal. Apr. 9, 2010)