(PS) Favis v. Favis

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEPHEN FAVIS, Case No. 2:25-cv-1083-TLN-JDP (PS) 12 Plaintiff, 13 v. ORDER 14 MICHAEL JOSEPH FAVIR, 15 Defendant. 16 17 18 On May 9, 2025, I recommended that plaintiff’s first amended complaint be dismissed 19 without leave to amend for lack of subject matter jurisdiction, observing that the amended 20 complaint, like the original, neither stated a federal claim nor established diversity jurisdiction.1 21 ECF No. 5. Plaintiff has now filed a motion asking that I recuse from this case. ECF No. 6. 22 The applicable recusal statute, 28 U.S.C. § 455, provides that “[a]ny justice, judge, or 23 magistrate judge of the United States shall disqualify himself in any proceeding in which his 24 impartiality might reasonably be questioned.” 28 U.S.C. § 455(a). A judge shall also disqualify 25 himself or herself when the judge has “a personal bias or prejudice concerning a party . . . .” Id. 26 § 455(b)(1). The standard for determining whether impartiality might be reasonably questioned is 27

28 1 The May 9 findings and recommendations remain pending. 1 | “whether a reasonable person with knowledge of all the facts would conclude that the judge’s 2 || impartiality might be questioned.” United States v. Holland, 519 F.2d 909, 913 (9th Cir. 2008). 3 Plaintiff has not demonstrated any such basis for recusal. He explains that he believes that 4 | the undersigned is biased due to a purported refusal to apply the correct legal standard and 5 | prematurely recommending dismissal. Disagreement with unfavorable rulings is not a valid basis 6 | forrecusal. Liteky v. United States, 510 U.S. 540, 555 (1994) (holding that judicial rulings alone 7 | almost never constitute a valid basis for a recusal motion based on bias or impartiality); United 8 || States v. Johnson, 610 F.3d 1138, 1147-48 (9th Cir. 2010) (same). 9 Accordingly, it is hereby ORDERED that plaintiff's motion for recusal, ECF No. 6, is 10 | DENIED. 11 IT IS SO ORDERED. 13 ( 1 Ow — Dated: _ May 19, 2025 q———_ 14 JEREMY D. PETERSON 15 UNITED STATES MAGISTRATE JUDGE

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