Opinion
2:05-CV-1083 JCM (RJJ).
September 14, 2010
ORDER
Presently before the court is plaintiff Rhonda Wilkinson's motion to disqualify Judge James C. Mahan. (Doc. #90). Plaintiff filed this motion for recusal pursuant to 28 U.S.C. § 455(a), on grounds that Judge Mahan has improperly ruled against her (doc. #64) with regard to defendant's motion for summary judgment (doc. #44), and that Judge Mahan has previously ruled for defendant Clark County School District in decisions unrelated to this case. Defendant responded (doc. #91), and plaintiff replied (doc. #92).
Under section 455, the presiding judge determines whether recusal is warranted. United States v. Azhocar, 581 F.2d 735, 867-68 (9th Cir. 1978). Section 455(a) is broad, requiring recusal "in any proceeding in which [a judge's] impartiality might reasonably be questioned." 28 U.S.C. § 455(a); Liljeberg v. Health Serv. Acquisition Corp., 486 U.S. 847, 860 n. 8 (1988).
However, section 455 recusal is not unlimited — the source of any alleged bias must be extrajudicial. Liteky v. United States, 510 U.S. 540. Judicial bias or prejudice formed during current or prior proceedings is insufficient for recusal unless the judge's actions "display a deep-seated favoritism or antagonism that would make fair judgment impossible." Id. at 541; Pesnell, 543 F.3d at 1044. Thus, judicial rulings will support a motion for recusal only "in the rarest of circumstances." Liteky, 510 U.S. at 555.
Here, plaintiff lacks a reasonable, factual basis for questioning Judge Mahan's impartiality. Plaintiff cites the Ninth Circuit's reversal (doc. #84) of this court's granting of summary judgment (doc. #64) as to plaintiff's Title VII retaliation claim as evidence of bias under section 455(a). However, this ruling, formed while Judge Mahan presided over the matter, will not support disqualification. Liteky, 510 U.S. at 555. Plaintiff cites no extra-judicial facts indicating a "deepseated favoritism or antagonism," id. at 541, and plaintiff's cursory citation to other decisions involving defendant Clark County School district fails to demonstrate bias. Accordingly, recusal under 28 U.S.C. § 455(a) is not necessary in this case.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the plaintiff's motion to disqualify Judge James C. Mahan (doc. #90) be, and the same hereby is, DENIED.