The following excerpt is from Stribling v. Kern Valley State Prison, Case No. 1:18-cv-01658-LJO-SAB (PC) (E.D. Cal. 2019):
Requests to disqualify or recuse a district judge are governed by two statutes, 28 U.S.C. 144 and 455. 28 U.S.C. 144 requires disqualification or recusal of a district judge "[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 against him or in favor of any adverse party[.]" Similarly, 28 U.S.C. 455(a) and (b)(1) require a district judge to disqualify or recuse himself "in any proceeding in which his impartiality might reasonably be questioned[,]" including "[w]here he has a personal bias or prejudice concerning a party[.]" However, under sections 144 and 455(a) and (b)(1), "judicial rulings alone almost never constitute a valid basis for a bias or partiality motion[]" because judicial rulings do not rely on an extrajudicial source and "can only in the rarest circumstances evidence the degree of favoritism or antagonism required ... when no extrajudicial source is involved." Liteky v. United States, 510 U.S. 540, 555 (1994). Further, "opinions formed by the judge on the basis of facts introduced or events occurring in the course of the current proceedings, or of prior proceedings, do not constitute a basis for a bias or partiality motion unless they display a deep-seated favoritism or antagonism that would make fair judgment impossible." Id.
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