U.S. Court of Appeals for the Ninth Circuit, 2021

Azariah Ellington v. Mary Thornton House

Azariah Ellington v. Mary Thornton House
U.S. Court of Appeals for the Ninth Circuit · Decided September 23, 2021

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NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 23 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT AZARIAH M. ELLINGTON; MITCHELL No. 20-55733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

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