IRBY v. STATE

Case No. C16-5052-RBL-JRC.

TERRANCE JON IRBY, Plaintiff, v. STATE OF WASHINGTON, et al., Defendants.

United States District Court, W.D. Washington, Seattle.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Terrance Jon Irby, Plaintiff, Pro Se.

Margret Gilbert, Defendant, represented by Katherine Joy Faber , WASHINGTON ATTORNEY GENERAL'S OFFICE.

Lt Mathews, Defendant, represented by Katherine Joy Faber , WASHINGTON ATTORNEY GENERAL'S OFFICE.

Lt Casey, Defendant, represented by Katherine Joy Faber , WASHINGTON ATTORNEY GENERAL'S OFFICE.

Sergeant Shooter, Defendant, represented by Katherine Joy Faber , WASHINGTON ATTORNEY GENERAL'S OFFICE.

OAS Romez, Defendant, represented by Katherine Joy Faber , WASHINGTON ATTORNEY GENERAL'S OFFICE.

Thompson, Defendant, represented by Katherine Joy Faber , WASHINGTON ATTORNEY GENERAL'S OFFICE.


ORDER ON REVIEW OF REFUSAL TO RECUSE

RICARDO S. MARTINEZ, Chief District Judge.

Plaintiff has filed a Motion for Recusal. Dkt. #84. In his Motion, Plaintiff alleges that U.S. Magistrate Judge J. Richard Creatura is biased against him apparently because Judge Creatura issued an Order directing Plaintiff to use the mandatory e-filing system to file documents with the Court rather than filing them by mail. See Dkts. #79 and #84. Although not entirely clear, Plaintiff to argue that he was unaware of the mandatory e-filing procedure. See Dkt. #84 at 1, and that Judge Creatura has demonstrated bias by failing to accept documents that he attempted to file by mail.1 Judge Creatura has declined to recuse himself and the matter has been referred to this Court in accordance with our Local Rules. LCR 3(e). Dkt. #94.

This Court concurs with Judge Creatura that Plaintiff has failed to produce any objective evidence of his alleged bias or that he has any reason to be partial to any party in this matter. Dkt. #94 at 3. Pursuant 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).

Under both 28 U.S.C. §144 and 28 U.S.C. § 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 v. United States, 923 F.2d 731, 734 (9th Cir.1992); United States v. Conforte, 624 F.2d 869, 881 (9th Cir.1980). But there must be a reasonable basis upon which to question a judge's ability to be impartial. Plaintiff has provided no evidence of bias or prejudice on the part of Judge Creatura, and therefore the judge is not required to recuse himself. Likewise, this Court finds no evidence upon which to reasonably question Judge Creatura's impartiality and therefore AFFIRMS his denial of Plaintiff's request that he recuse himself.

The Clerk SHALL provide copies of this order to all counsel of record and to Plaintiff.

FootNotes


1. Judge Creatura notes that Plaintiff has been warned about his failure to use the e-filing procedure on at least six prior occasions. Dkt. #79 at 1.

Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases