you're reading...
Daniel David Dydzak, Uncategorized

COPY OF ORDER BY JUDGE CHRISTINA SNYDER IN MATTER OF DANIEL DAVID DYDZAK V. ARNOLD SCHWARZENEGGER

On October 29, 2012, plaintiff Daniel David Dydzak filed a motion to disqualify the Honorable Manuel L. Real, United States District Judge. Dkt. No. 12.

The motion was randomly assigned to this Court for ruling. Dkt. No. 13. Plaintiff brings his motion pursuant to 28 U.S.C. § 455(a), (b)(1), (b)(2), and (b)(4), which require disqualification, inter alia, where a judge’s “impartiality might reasonably be questioned.”

As an initial matter, it appears this action was dismissed with prejudice on October 29, 2012. Dkt. No. 11. In light of the fact that no action is pending, it appears that the motion to recuse is moot. Plaintiff’s motion fails on this ground alone. In addition, even if this Court construes plaintiff’s motion as a motion to reconsider the dismissal with prejudice and to disqualify Judge Real, plaintiff’s motion is without merit. Judge Real did nothing more than enforce the unambiguous vexatious litigant order issued by Judge Coughenour in Case No. 11-cv-5560, Dkt. No. 35.1

The order clearly barred plaintiff from initiating any further litigation in this or any other federal court based on his disbarment. Id. at 10. Moreover, that Judge Real is a defendant in a separate matter brought by plaintiff is not—without more—sufficient grounds to disqualify him in other matters.

In order to prevail, plaintiff must set forth facts that show that a judge’s impartiality might reasonably be questioned. Here, plaintiff has asserted no facts that give rise to a question regarding Judge Real’s impartiality. 1 The Honorable Judge John C. Coughenour, District Court Judge for the Western District of Washington, sitting by designation of the Chief Judge of the Ninth Circuit.

There is simply no showing that Judge Real acted improperly in this case by enforcing the order of Judge Coughenour. In accordance with the foregoing, plaintiff’s motion to disqualify is hereby DENIED.

IT IS SO ORDERED.

Advertisements

About Leslie Brodie

Leslie Brodie is a reporter, writer, blogger, activist, and a religious leader in the community.

Discussion

Comments are closed.

Categories

RSS .

  • Yet Another Unlicensed Contractor Debacle 2017/07/10
    This story is late in publishing because the AOC (ahem, the judicial council) spent months drawing out our requests for information on a simple inquiry they should have been able to deliver on the same day it was received because what scant information they did provide was readily available to them. But they dragged out […]
    Judicial Council Watcher
  • Another Clifford Ham boondoggle in San Diego 2017/04/19
    More false promises of tunnels reaching out from jails to courthouses. Don’t say we didn’t tell you so because we’ve stated many times that ALL tunnel promises are false promises made to win local support of the projects and penciled out upon approval. What we find most disturbing is that Clifford Ham has a track […]
    Judicial Council Watcher
  • Writing our obit is a bit premature… 2017/04/06
    Welcome to 2017! Yeah, we know, a bit of time has passed since we’ve been hyperactive here. We’ve been a bit busy frying other fish.  If you consider yourself a progressive, you’ve already read and possibly even recognized our work elsewhere. We will be continuing those projects and check in here as not to neglect […]
    Judicial Council Watcher
  • Welcome to the first business day of our reinvigorated 10 year run! 2017/01/02
    Thanks to the sheer incompetence of Judicial Council staff leadership, we’re going to be spending the next ten years nipping at their heels. Last week, the San Francisco trial court ruled that the Jacobs entities maintained their contractors license and that the 22.7 million that the Judicial Council should have been able to recover is […]
    Judicial Council Watcher
  • Working for the Judicial Council and a pattern of racketeering activity 2016/10/31
    The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. The RICO Act focuses specifically on racketeering, and it allows […]
    Judicial Council Watcher

RSS Drudge Report Feed

  • Governor: 'We have not experienced event of this magnitude in our modern history'... 2017/09/20
    Governor: 'We have not experienced event of this magnitude in our modern history'... (Top headline, 1st story, link) Related stories:Eerie calm before strike...Maria pummels island...Million without power...Latest...
  • Eerie calm before strike... 2017/09/20
    Eerie calm before strike... (Top headline, 2nd story, link) Related stories:Governor: 'We have not experienced event of this magnitude in our modern history'...Maria pummels island...Million without power...Latest...
  • Maria pummels island... 2017/09/20
    Maria pummels island... (Top headline, 3rd story, link) Related stories:Governor: 'We have not experienced event of this magnitude in our modern history'...Eerie calm before strike...Million without power...Latest...
  • Million without power... 2017/09/20
    Million without power... (Top headline, 4th story, link) Related stories:Governor: 'We have not experienced event of this magnitude in our modern history'...Eerie calm before strike...Maria pummels island...Latest...
  • Latest... 2017/09/20
    Latest... (Top headline, 5th story, link) Related stories:Governor: 'We have not experienced event of this magnitude in our modern history'...Eerie calm before strike...Maria pummels island...Million without power...
  • DIRECT HIT PUERTO RICO 2017/09/20
    DIRECT HIT PUERTO RICO (Main headline, 1st story, link)
  • MARIA CAT 4; 150 MPH WINDS... MORE... 2017/09/20
    MARIA CAT 4; 150 MPH WINDS... MORE... (First column, 1st story, link) Related stories:RADAR...SATELLITE...CONE...'Evacuate or die'...Woman charters plane to save 300 dogs...Irma leaves foul stink across Florida...
  • RADAR... 2017/09/20
    RADAR... (First column, 2nd story, link) Related stories:MARIA CAT 4; 150 MPH WINDS... MORE...SATELLITE...CONE...'Evacuate or die'...Woman charters plane to save 300 dogs...Irma leaves foul stink across Florida...
  • SATELLITE... 2017/09/20
    SATELLITE... (First column, 3rd story, link) Related stories:MARIA CAT 4; 150 MPH WINDS... MORE...RADAR...CONE...'Evacuate or die'...Woman charters plane to save 300 dogs...Irma leaves foul stink across Florida...
  • CONE... 2017/09/20
    CONE... (First column, 4th story, link) Related stories:MARIA CAT 4; 150 MPH WINDS... MORE...RADAR...SATELLITE...'Evacuate or die'...Woman charters plane to save 300 dogs...Irma leaves foul stink across Florida...
  • 'Evacuate or die'... 2017/09/20
    'Evacuate or die'... (First column, 5th story, link) Related stories:MARIA CAT 4; 150 MPH WINDS... MORE...RADAR...SATELLITE...CONE...Woman charters plane to save 300 dogs...Irma leaves foul stink across Florida...
  • Woman charters plane to save 300 dogs... 2017/09/20
    Woman charters plane to save 300 dogs... (First column, 6th story, link) Related stories:MARIA CAT 4; 150 MPH WINDS... MORE...RADAR...SATELLITE...CONE...'Evacuate or die'...Irma leaves foul stink across Florida...
  • Irma leaves foul stink across Florida... 2017/09/20
    Irma leaves foul stink across Florida... (First column, 7th story, link) Related stories:MARIA CAT 4; 150 MPH WINDS... MORE...RADAR...SATELLITE...CONE...'Evacuate or die'...Woman charters plane to save 300 dogs...
  • FOXNEWS Takes Back Lead as Most-Watched Cable Network... 2017/09/20
    FOXNEWS Takes Back Lead as Most-Watched Cable Network... (First column, 8th story, link)
  • GOOGLEFACEBOOK face punishing fines unless they remove terror propaganda within 2 HOURS! 2017/09/20
    GOOGLEFACEBOOK face punishing fines unless they remove terror propaganda within 2 HOURS! (First column, 9th story, link) Related stories:INTERRORNET: Jihadis use social media to spread 27,000 bits of extremist content...
  • INTERRORNET: Jihadis use social media to spread 27,000 bits of extremist content... 2017/09/20
    INTERRORNET: Jihadis use social media to spread 27,000 bits of extremist content... (First column, 10th story, link) Related stories:GOOGLEFACEBOOK face punishing fines unless they remove terror propaganda within 2 HOURS!
  • TARPS COVERING CONFEDERATE STATUES BEING RIPPED DOWN... 2017/09/20
    TARPS COVERING CONFEDERATE STATUES BEING RIPPED DOWN... (First column, 11th story, link)
  • Fury fuels modern political climate in USA... 2017/09/20
    Fury fuels modern political climate in USA... (First column, 12th story, link) Related stories:Anger about EVERYTHING...Anti-Trump Witch Compares Casting Hexes To Singing National Anthem, Saluting Flag...
  • Anger about EVERYTHING... 2017/09/20
    Anger about EVERYTHING... (First column, 13th story, link) Related stories:Fury fuels modern political climate in USA...Anti-Trump Witch Compares Casting Hexes To Singing National Anthem, Saluting Flag...
  • Anti-Trump Witch Compares Casting Hexes To Singing National Anthem, Saluting Flag... 2017/09/20
    Anti-Trump Witch Compares Casting Hexes To Singing National Anthem, Saluting Flag... (First column, 14th story, link) Related stories:Fury fuels modern political climate in USA...Anger about EVERYTHING...
.
%d bloggers like this: