Can a party to a motion brought before a judge before whom the matter is pending make and file a timely and sufficient affidavit alleging bias or prejudice against the judge?
MultiRegion, United States of America
The following excerpt is from Polk v. Lattimore, 1:12-cv-01156-AWI-GSA-PC (E.D. Cal. 2015):
Under 28 U.S.C. 144, "[W]henever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding." 28 U.S.C. 144; see Pesnell v. Arsenault, 543 F.3d 1038, 1043 (9th Cir. 2008); U.S. v. Johnson,
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