Ewing v. Aliera Healthcare

Opinion

ANTON EWING, Case No.: 19-cv-845-CAB-LL

Plaintiff, ORDER DENYING PLAINTIFF’S v. REQUEST FOR PERMISSION TO FILE INTERLOCUTORY APPEAL

Defendant. [Doc. No. 36]

On August 12, 2019, the Court overruled Plaintiff’s objection to Magistrate Judge Lopez’s order denying his request that she recuse from this case. [Doc. No. 33.] Plaintiff now requests a certificate of appealability pursuant to 28 U.S.C. § 1292(b). Because the Court’s order denying Plaintiff’s objection does not “involve[] a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation,” see 28 U.S.C. § 1292(b), Plaintiff’s request is DENIED. Cf. Berman v. Knife River Corp., No. 5:11-CV-03698-PSG, 2014 WL 12647735, at *1 (N.D. Cal. July 31, 2014) (noting that in In re Cement Antitrust Litig., 673 F.2d 1020, 1027 (9th Cir. 1982), “[t]he Ninth Circuit explained that “‘it is difficult’ to ‘think of a question which is more separable from and collateral to the merits of this lawsuit than is the question of [a trial judge’s] recusal decision.’”’). It is SO ORDERED. Dated: August 19, 2019 (ib Hon. Cathy Ann Bencivengo United States District Judge