Khan v. Rogers, 17-cv-05548-RS (LB). (2018)
Court: District Court, N.D. California
Number: infdco20181002g51
Visitors: 30
Filed: Sep. 28, 2018
Latest Update: Sep. 28, 2018
Summary: ORDER DENYING DEMAND FOR CHANGE OF JUDGE Re: ECF No. 86 LAUREL BEELER , Magistrate Judge . Plaintiffs David Khan and Nay Zar Tun Kyaw have filed a demand for change of judge, 1 which arguably can be construed as a motion for the undersigned to be recused or disqualified from this case. "Any justice, judge, or magistrate judge of the United States shall disqualify himself [or herself] in any proceeding in which his impartiality might reasonably be questioned." 28 U.S.C. 455(a). "He [or
Summary: ORDER DENYING DEMAND FOR CHANGE OF JUDGE Re: ECF No. 86 LAUREL BEELER , Magistrate Judge . Plaintiffs David Khan and Nay Zar Tun Kyaw have filed a demand for change of judge, 1 which arguably can be construed as a motion for the undersigned to be recused or disqualified from this case. "Any justice, judge, or magistrate judge of the United States shall disqualify himself [or herself] in any proceeding in which his impartiality might reasonably be questioned." 28 U.S.C. 455(a). "He [or s..
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ORDER DENYING DEMAND FOR CHANGE OF JUDGE
Re: ECF No. 86
LAUREL BEELER, Magistrate Judge.
Plaintiffs David Khan and Nay Zar Tun Kyaw have filed a demand for change of judge,1 which arguably can be construed as a motion for the undersigned to be recused or disqualified from this case.
"Any justice, judge, or magistrate judge of the United States shall disqualify himself [or herself] in any proceeding in which his impartiality might reasonably be questioned." 28 U.S.C. § 455(a). "He [or she] shall also disqualify himself [or herself] . . . [w]here he [or she] has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding[.]" 28 U.S.C. § 455(b)(1). "The test for disqualification is an objective one: `whether a reasonable person with knowledge of all the facts would conclude that the judge's impartiality might reasonably be questioned.'" Quinn v. Centerplate, No. 14-cv-01254 N.C. 2014 WL 2860666, at *3 (N.D. Cal. June 23, 2014) (quoting United States v. Nelson, 718 F.2d 315, 321 (9th Cir. 1983)).
The plaintiffs' demand does not establish that the undersigned has a personal bias or prejudice that satisfies the reasonable-person standard. Accordingly, the plaintiffs' demand that the undersigned be recused or disqualified and the plaintiffs receive a "change of judge" is denied.
IT IS SO ORDERED.
FootNotes
1. Pls. Demand for Change of Judge — ECF No. 86. Citations refer to material in the Electronic Case File ("ECF"); pinpoint citations are to the ECF-generated page numbers at the top of documents.
Source: Leagle
