IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 15, 2008
EDMUND GARIBYAN, PLAINTIFF,
COUNTY OF FRESNO, SHERIFF MARGARET MIMMS, AND DOES 1 THROUGH 10 INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge
A judge has an affirmative duty to recuse himself/herself in any proceeding in which his impartiality might reasonably be questioned. See 8 U.S.C. § 455; Liteky v. United States, 510 U.S. 540, 555 (1994). In some cases, it is unclear whether a judge has an implied conflict until the parties' review both the specific facts of their case and the judge's personal circumstances. For this reason, the undersigned makes the following disclosure: On March 1, 2004, the undersigned's wife, Jeanette Ishii, became employed with the County of Fresno and currently serves as an Assistant County Administrative Officer. Because from the face of the complaint it does not appear that Mrs. Ishii's employment is directly related to the incidents underlying this action, the undersigned declines to sua sponte recuse himself from this case. However, leave to file a motion for recusal is given to any party who, after reviewing the facts of this particular case, believes that a recusal motion is appropriate.
IT IS SO ORDERED.
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