Cuevas v. Kelly, No. 6:2018cv01973 - Document 66 (D. Or. 2019)
Court Description: OPINION AND ORDER ON PETITIONER'S MOTIONS TO RECUSE MAGISTRATE JUDGE JOLIE RUSSO AND FOR INJUNCTIVE RELIEF: Carefully considering Ms. Cuevas's Motions and drawing all inferences in his favor, I find the record shows no appearance of partiality. I, therefore, DENY Mr. Cuevas's Motions [47 and 60] to recuse Judge Russo and for "immediate pre-injunctive relief." Signed on 6/18/2019 by Judge Michael W. Mosman. (Mailed to Pro Se party on 6/18/2019.) (kms)
Download PDF
<![CDATA[
Cuevas v. Kelly Doc. 66 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON SANTOS CUEVAS, Civil No. 6:18-cv-01973 Petitioner, V. BRANDON KELLY, OPINION AND ORDER ON PETITIONER'S MOTIONS TO RECUSE MAGISTRATE JUDGE JOLIE RUSSO AND FOR INJUNCTIVE RELIEF Res ondent. Plaintiff Santos Cuevas moves to recuse Magistrate Judge Jolie Russo [47 and 60] and also moves for "immediate pre-injunctive relief. [60]. For the reasons given below, I deny Mr. Cuevas's Motions. LEGAL STANDARD The standard for recusal under 28 U.S.C. § 144 and§ 455 is "whether a reasonable person with knowledge of all the facts would conclude that the judge's impartiality might reasonably be questioned." US. v. Nelson, 718 F.2d 315,321 (9th Cir. 1983); US. v. McTierman, 695 F.3d 882, 891 (9th Cir. 2012). The standard requires recusal if a reasonable third-party observer would perceive a "significant risk" that the judge would resolve the case on a basis other than the merits. Liljeberg v. Health Serv. Acquisition C01p., 486 U.S. 847, 860 (1988). "The reasonable person in this context means a well-informed, thoughtful observer, as 1- Opinion and Order on Petitioner's Motions to Recuse Dockets.Justia.com opposed to a hypersensitive or unduly suspicious person." Clemens v. US. Dist. Court for the Central Dist. of Nevada, 428 F.3d 1175, 1178 (9th Cir. 2005) (internal quotations and citations omitted). The goal is to avoid "even the appearance of partiality." Liljeberg, 486 U.S. at 860. Generally, "questions about a judge's impartiality must stem from 'extrajudicial factors,' ... that is, from sources other than the judicial proceeding at hand. Clemens, 428 U.S. at 1178 (internal citations omitted). DISCUSSION Mr. Cuevas appears to seek to recuse Judge Russo because "this court denied preliminary injunctive relief that would meet the Interest of the Public." [47 at 1]. He cites a class action lawsuit that he intends to file against Judge Russo, among others, as a basis for recusal. Finally, he appears to allege that recusal is wananted because Judge Russo has conspired to violate his civil rights and to obstruct justice. [60 at 2]. Even if Judge Russo 1 had denied the request for preliminary injunctive relief, this would not wanant her recusal. Generally, a judge's actions in a case cannot raise questions about her impartiality. Clemens, 428 U.S. at 1178 (internal citations omitted). Moreover, Mr. Cuevas makes only conclusory, general statements about Judge Russo's alleged bias. No reasonable third-party observer would perceive any risk, much less a "significant risk" that Judge Russo would resolve this habeas action on any basis other than the merits. Liljeberg v. Health Serv. Acquisition Corp., 486 U.S. 847, 860 (1988). Accordingly, I deny the Motions to recuse Judge Russo. I also deny Mr. Cuevas's request for "immediate pre-injunctive relief." Mr. Cuevas's Motion does not clearly specify what injunctive relief. He, therefore, cannot establish a high likelihood of success on the merits. 1 Judge Hernandez, not Judge Russo, denied Mr. Cuevas's motion for injunctive relief. [16]. 2- Opinion and Order on Petitioner's Motions to Recuse CONCLUSION Carefully considering Ms. Cuevas's Motions and drawing all inferences in his favor, I find the record shows no appearance of partiality. I, therefore, DENY Mr. Cuevas's Motions [47 and 60] to recuse Judge Russo and for "immediate pre-injunctive relief." DATED this day of June, 2019. MICHAEL W. MOSMA Chief United States Di~tr1ct Judge 3- Opinion and Order on Petitioner's Motions to Recuse
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
