Opinion

Sussman v. San Diego Police Dept.

Court
District Court, S.D. California
Filed
Jul 21, 2020
Cited by
0 cases
Authority
More cited than 19.1%

The opinion

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8 UNITED STATES DISTRICT COURT

9 SOUTHERN DISTRICT OF CALIFORNIA

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11 NANCY SUSSMAN, Case No.: 20cv1085-CAB-LL

12 Plaintiff,

ORDER DENYING PLAINTIFF’S

13 v. EX PARTE MOTION FOR

RECUSAL OF THE MAGISTRATE

14 SAN DIEGO POLICE DEPARTMENT,

JUDGE

et al.,

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Defendants. [ECF No. 47]

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18 On July 16, 2020, Plaintiff Nancy Sussman, proceeding pro se, filed an Ex Parte

19 Motion for Recusal of Magistrate Judge Lopez. ECF No. 47. Specifically, Plaintiff

20 Sussman stated that she “object[s] to have Magistrate Lopez for any purpose in this case.”

21 Id. The Court construes the Motion as an Ex Parte Motion for Recusal of Magistrate Judge

22 Lopez. Notably, Plaintiff’s Motion is merely one sentence and fails to provide any reasons

23 in support of her request. Id.

24 Although Plaintiff does not specify whether she brings her Motion under 28 U.S.C.

25 § 455 or 28 U.S.C. § 144, her Motion fails under either standard because she fails to present

26 any “facts” from which a “reasonable person” could “conclude that the judge’s impartiality

27 might reasonably be questioned. See Yagman v. Republic Ins. (“Yagman II”), 987 F.2d

28 622, 626 (9th Cir. 1993) (emphasis added) (quoting In re Yagman (“Yagman I”), 796 2d

1 |}1165, 1179 (9th Cir.), amended, 803 F.2d 1085 (9th Cir. 1986), mandamus granted by

2 || Brown v. Baden, 815 F.2d 575 (9th Cir.), cert. denied, Real v. Yagman, 484 U.S. 963

3 || (1987)) (citing United States v. Conforte, 624 F.2d 869, 880-81 (9th Cir.), cert. denied, 449

4 ||U.S. 1012 (1980)). Recusal is not warranted under either statute based on speculation. See,

5 Clemens v. U.S. Dist. Ct. for Cent. Dist. of Cal., 428 F.3d 1175, 1180 (9th Cir. 2005)

6 || (citing Yagman IT, 987 F.2d at 626). The Court therefore DENIES Plaintiffs Ex Parte

7 || Motion.

8 IT IS SO ORDERED.

9 Dated: July 20, 2020 XO

10 DEF

11 Honorable Linda Lopez

1D United States Magistrate Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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