Azariah Ellington v. Mary Thornton House
Azariah Ellington v. Mary Thornton House
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 23 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT
AZARIAH M. ELLINGTON; MITCHELL No. 20-55733 D. ELLINGTON, D.C. No. 2:17-cv-07587-SVW-JDE Plaintiffs-Appellants,
v. MEMORANDUM*
MARY THORNTON HOUSE, Judge; et al.,
Defendants-Appellees.
Appeal from the United States District Court for the Central District of California Stephen V. Wilson, District Judge, Presiding
Submitted September 14, 2021**
Before: PAEZ, NGUYEN, and OWENS, Circuit Judges.
Azariah M. Ellington and Mitchell D. Ellington appeal pro se from the
district court’s post-judgment order denying their motion to recuse the judges
presiding over their action alleging violations of their civil rights. We have
jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. United
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). States v. Hernandez, 109 F.3d 1450, 1453 (9th Cir. 1997). We affirm.
The district court did not abuse its discretion in denying plaintiffs’ motion to
recuse District Judge Wilson, District Judge Hatter, and Magistrate Judge Early
because plaintiffs failed to demonstrate that a reasonable person would believe that
the judges’ impartiality could be questioned. See id. (setting forth standard of
review and discussing standard for recusal under 28 U.S.C. §§ 144 and 455).
Plaintiffs’ motion to recuse (Docket Entry No. 8) is denied.
AFFIRMED.
2 20-55733
Reference
- Status
- Unpublished