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John Zapata Dba Zapata Collection, Service, An v. Flintco

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 20, 2011

JOHN ZAPATA DBA ZAPATA COLLECTION, SERVICE, AN INDIVIDUAL, PLAINTIFF,
v.
FLINTCO, INC., AN OKLAHOMA CORPORATION, SAN JOAQUIN COMMUNITY COLLEGE DISTRICT, A POLITICAL SUBDIVISION AND JOHN DOE 1-25, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Although this case is technically closed (see Judgment, Dkt. No. 57), a post-judgment motion for sanctions is set to be heard by the undersigned on November 17, 2011.*fn1

(See Defs.' Mot. for Sanctions, Dkt. No. 59; Minute Order, Sept. 22, 2011, Dkt. No. 60.) Presently before the court is plaintiff's filing entitled "Request for Judge Newman To Be Recuse [sic] From this Case" (Dkt. No. 62), which is not noticed before or directed to a particular judge. In short, plaintiff once again alleges that the undersigned is biased against him.

To the extent that plaintiff's request is directed to the undersigned such that plaintiff requests that the undersigned disqualify himself, the undersigned already addressed plaintiff's allegations of bias in previously entered findings and recommendations. (See Findings & Recommendations, Aug. 12, 2011, at 25-28, Dkt. No. 54, adopted by Order, Sept. 7, 2011, Dkt. No. 56, reconsideration denied by Order, Sept. 28, 2011, Dkt. No. 61.) For the reasons stated in those findings and recommendations, plaintiff's request is denied.

Accordingly, IT IS HEREBY ORDERED that plaintiff's "Request for Judge Newman To Be Recuse [sic] From this Case" (Dkt. No. 62) is denied.

IT IS SO ORDERED.


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