United States District Court, W.D. Washington, Seattle
ROBERT D. THORSON, Petitioner,
UNITED STATES OF AMERICA, Respondent.
ORDER DENYING MOTION FOR RECONSIDERATION AND
RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE
matter is before the Court on Petitioner's Motion to
Reconsider Order Granting Government's Motion Dkt. 28.
Dkt. #34. Petitioner's Motion additionally requests that
the Undersigned recuse himself from this matter. Id.
For the following reasons, the Motion is denied.
to this Court's Local Civil Rules:
Motions for reconsideration are disfavored. The court will
ordinarily deny such motions in the absence of a showing of
manifest error in the prior ruling or a showing of new facts
or legal authority which could not have been brought to its
attention earlier with reasonable diligence.
maintains that this Court should not have granted the
Government's Motion re: Waiver of Attorney-Client
Privilege and to Amend § 2255 Motion Briefing Schedule
(Dkt. #28) (“Waiver Motion”) because the Waiver
Motion was not properly before the Court. Dkt. #34 at 1.
Specifically, Petitioner argues that the United States
Attorney for the Western District of Washington, Brian T.
Moran, had not properly appeared in this action. Id.
Petitioner fails to acknowledge that the motion was submitted
by Assistant United States Attorney Stephen P. Hobbs on
behalf of United States Attorney Brian Moran and that Stephen
P. Hobbs has properly appeared before this Court. Dkt. #6.
Regardless, Petitioner provides no reason why this
argument-premised upon the face of the Waiver Motion
itself-could not have been timely raised in Petitioner's
Response to the Waiver Motion. See Dkt. #30.
Petitioner does not present the Court any facts or legal
authority demonstrating legal error and has not demonstrated
a proper basis for reconsideration. His request is
also requests that the Undersigned recuse himself because his
rulings are biased, “he cannot be trusted to judge his
own actions fairly, ” and because of an asserted
“personal interest in the female prosecutor.”
Dkt. #34 at 2. Petitioner argues his baseless belief that the
Court's consideration of the Waiver Motion “appears
[to be] a conspiracy and ruse cooked up between the
government and the judge in this case” and that the
Court previously acknowledge that Petitioner “felt and
perceived that the Judge in the instant case gave the
appearance that he was biased.” Dkt. #34 at 2-3.
to 28 U.S.C. § 455(a), a “judge of the United
States shall disqualify himself in any proceeding in which
his impartiality might reasonably be questioned.”
Federal judges also shall disqualify themselves in
circumstances where they have “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). Further, section 144 of title 28
of the United States Code provides:
Whenever a party to any proceeding in a district court makes
and files a timely and sufficient affidavit that the judge
before whom the matter is pending has a personal bias or
prejudice either against him or in favor of any adverse
party, such judge shall proceed no further therein, but
another judge shall be assigned to hear such proceeding.
The affidavit shall state the facts and the reasons for the
belief that bias or prejudice exists, and shall be filed not
less than ten days before the beginning of the term at which
the proceeding is to be heard, or good cause shall be shown
for failure to file it within such time. A party may file
only one such affidavit in any case. It shall be accompanied
by a certificate of counsel of record stating that it is made
in good faith.
28 U.S.C. § 144.
both § 144 and § 455, recusal of a federal judge is
appropriate if “a reasonable person with knowledge of
all the facts would conclude that the judge's
impartiality might reasonably be questioned.”
Yagman v. Republic Insurance, 987 F.2d 622, 626 (9th
Cir. 1993). This is an objective inquiry concerned with
whether there is the appearance of bias, not whether there is
bias in fact. Preston ...