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Charles V Mcclain Iii v. Boeing Company

March 20, 2012

CHARLES V MCCLAIN III,
PLAINTIFF,
v.
BOEING COMPANY, ET AL., DEFENDANT. CHARLES V MCCLAIN III,
v.
PLAINTIFF,
BOEING COMPANY, ET AL.,
DEFENDANT.



The opinion of the court was delivered by: A Marsha J. Pechman Chief United States District Judge

ORDER ON MOTIONS TO RECUSE

This matter comes before the Court under Local General Rule 8(c). Plaintiff has two cases pending in front of U.S. District Judge Ricardo S. Martinez. In both matters, Plaintiff moved for Judge Martinez to recuse himself. See Dkt. No. 126 (C07-567-RSM) and Dkt. No. 75 (C08-613-RSM). Judge Martinez declined to recuse himself voluntarily and the matter was referred to the Chief Judge. See Dkt. No. 136 (C07-567-RSM) and Dkt. No. 81 (C08-613-RSM).

Plaintiff's request is therefore ripe for review by this Court.

The standards for recusal are well known. Although a judge must recuse himself if a reasonable person would believe that he is unable to be impartial (Yagman v. Republic Insurance, 987 F.2d 622, 626 (9th Cir. 1993)), a litigant may not use the recusal process to remove a judge based on adverse rulings in the pending case: the alleged bias must result ...


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