Lawrence S. Bittaker, Plaintiff-appellant, v. United States District Court for the Northern District Ofcalifornia, the Honorable Marilyn Hall Patel, Realparty in Interest, Defendant-appellee, 956 F.2d 274 (9th Cir. 1992)Annotate this Case
Before SCHROEDER, REINHARDT and KLEINFELD, Circuit Judges.
The appellant seeks to appeal from the district court's refusal to permit him to file a motion to recuse Judge Patel in the remainder of his numerous section 1983 cases. In the cases which are still pending, the district court's denial of his application is an interlocutory order which is not technically appealable, since there has been no final judgment. See 28 U.S.C. § 1291. To the extent that Mr. Bittaker is asking this court to direct the district court to file his motion by issuing a writ of mandamus pursuant to 28 U.S.C. § 1651, we decline to do so. The district court may well have erred in applying Judge Patel's May 14, 1985 order to cases filed subsequent to its issuance and based on events that transpired afterward. However, the district court, in addition, reviewed the merits of appellant's motion and correctly concluded that he failed to state any basis for disqualification. See 28 U.S.C. §§ 144 and 455.