Opinion
No. CV 1-07-1547-SRB
07-18-2012
Michael Lenoir Smith, Plaintiff, v. Arnold Schwarzeneggar, et al., Defendants.
ORDER
Pending before the Court is Plaintiff's July 16, 2012 "Motion and Request to Recuse Susan R. Bolton" (Doc. 50). Plaintiff seeks recusal of the undersigned judge and contends that recusal is appropriate because previous rulings unfavorable to Plaintiff demonstrate bias and prejudice against Plaintiff's case.
A motion to recuse a judge, whether it is based on 28 U.S.C. § 455(a), 28 U.S.C. § 455(b)(1) or 28 U.S.C. §144, must demonstrate that any alleged bias or impartiality stems from extrajudicial conduct, i.e., a litigant may not seek recusal based on a prior adverse ruling in the case. See Hasbrouck v. Texaco, Inc., 830 F.2d 1513 (9th Cir. 1987) (citing In re Beverly Hills Bancorp, 752 F.2d 1334, 1341 (9th Cir. 1984)) (28 U.S.C. § 455(a) and (b)(1)); United States v. Studley, 783 F.2d 934, 939 (9th Cir. 1986) (same); United States v. Grinnell Corp., 384 U.S. 563, 583 (1966) (28 U.S.C. § 144). Plaintiff has not demonstrated or even suggested any extrajudicial bias. Accordingly, the Motion and Request to Recuse will be denied.
IT IS ORDERED that Plaintiff's July 16, 2012 "Motion and Request to Recuse Susan R. Bolton" (Doc. 50) is denied.
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Susan R. Bolton
United States District Judge