Can a judge appeal an adverse decision from the District Court of Appeal assigned to the same district judge as he had previously ruled against the same judge?

MultiRegion, United States of America

The following excerpt is from Duckworth v. Department of Navy, 974 F.2d 1140 (9th Cir. 1992):

In Mayes v. Leipziger, 729 F.2d 605 (9th Cir.1984) (Mayes ), a party sought to appeal an adverse decision from the district court, but her attorney failed to file a timely notice of appeal. Her subsequent malpractice action against her attorney was assigned to the same district judge as had ruled against her on her underlying claim. Even though the judge had already heard the facts of her claim in a separate action but involving some of the same issues, the judge was not required to recuse himself. "To provide grounds for recusal, prejudice must result from an extrajudicial source. A judge's previous adverse ruling alone is not sufficient bias." Id. at 607 (citations omitted).

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