(PS) Favis v. Favis

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA STEPHEN FAVIS, Case No. 2:25-cv-1083-TLN-JDP (PS) 12 Plaintiff, 13 v. ORDER MICHAEL JOSEPH FAVIR, 15 Defendant.

18 On May 9, 2025, I recommended that plaintiff’s first amended complaint be dismissed without leave to amend for lack of subject matter jurisdiction, observing that the amended complaint, like the original, neither stated a federal claim nor established diversity jurisdiction.1 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 magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.” 28 U.S.C. § 455(a). A judge shall also disqualify himself or herself when the judge has “a personal bias or prejudice concerning a party . . . .” Id. § 455(b)(1). The standard for determining whether impartiality might be reasonably questioned is 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 || 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 | the undersigned is biased due to a purported refusal to apply the correct legal standard and | prematurely recommending dismissal. Disagreement with unfavorable rulings is not a valid basis | forrecusal. Liteky v. United States, 510 U.S. 540, 555 (1994) (holding that judicial rulings alone | almost never constitute a valid basis for a recusal motion based on bias or impartiality); United || 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 | DENIED.

IT IS SO ORDERED.

13 ( 1 Ow — Dated: _ May 19, 2025 q———_ 14 JEREMY D. PETERSON 15 UNITED STATES MAGISTRATE JUDGE