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ORDER

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

JAMES ERNEST DICKERSON,

Petitioner,

v.

CAROL PORTER, SUPERINTENDENT,

W.C.C.,

Respondent.

Case No. C05-5793RJB

ORDER DECLINING TO

RECUSE VOLUNTARILY

AND REFERRING

MOTION TO CHIEF

JUDGE

This matter comes before the Court on Petitioner’s Motion to Recuse. Dkt. 123. The Court has

reviewed the relevant documents and the remainder of the file.

I. FACTS

On June 1, 2006, U.S. Magistrate Judge J. Kelley Arnold recommended dismissal of the petition

with prejudice as time barred pursuant to the Antiterrorism and Effective Death Penalty Act’s (“AEDPA”)

Section 2244(d)(1). Dkt. 85-1. The Report and Recommendation was adopted on July 31, 2006. Dkt.

99. After this Court adopted the Report and Recommendation and dismissed the petition, Petitioner made

several new motions, each of which were stricken as moot. Dkt. 120. Petitioner was warned that any

further motions would be docketed in this case, but no action would be taken on them. Id. 

Petitioner now moves for this Court to recuse itself arguing that his conviction constituted a fraud

against the court and this Court’s dismissal of his petition “shows a bias.” Dkt. 123. Considering the

nature of this motion, and even though the motion is probably moot since this is a closed case, the Court

will rule on the motion to recuse, though no action will be taken on any other pending motions.

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ORDER

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II. DISCUSSION

Local Rule GR 8(c) provides as follows:

Whenever a motion to recuse due to alleged bias or prejudice directed at a judge of this court is

filed pursuant to 28 U.S.C. § 144, the clerk shall refer it to the chief judge. If the motion is

directed at the chief judge, the clerk shall refer it to the next senior active judge. Before a ruling is

made on a motion to recuse any judge, the challenged judge will be afforded an opportunity to

review the motion papers and decide whether to recuse voluntarily.

A. Decision whether to recuse voluntarily

Pursuant to 28 U.S.C. § 455(a), a judge of the United States shall disqualify himself in any 

proceeding in which his impartiality might reasonably be questioned. The judge shall also disqualify

himself in circumstances where the judge has a personal bias or prejudice concerning a party or personal 

knowledge of disputed evidentiary facts concerning the proceeding. 28 U.S.C. § 455(a)-(b)(1).

Petitioner has not made a sufficient showing of personal bias or prejudice concerning a party to this

case, nor has he shown that the undersigned judge has personal knowledge of disputed evidentiary facts

concerning this proceeding. Adverse rulings by a judge are not sufficient to justify disqualification. Davis

v. Fendler, 650 F.2d 1154, 1163 (9th Cir.1981); see also Liteky v. United States, 510 U.S. 540, 555

(1994) ("judicial rulings alone almost never constitute valid basis for a bias or partiality motion.").

This Court makes rulings in each case based upon the issues presented by the parties or upon sua

sponte review by the Court. The Court has no bias or prejudice in this case that would support a recusal or

disqualification. The Court should decline to recuse voluntarily.

B. Referral to Chief Judge

Petitioner’s request is a motion to recuse due to alleged bias or prejudice, and the motion should be

referred to the chief judge for decision, pursuant to Local Rule GR 8(c). 

III. ORDER

Accordingly, it is hereby ORDERED that the undersigned judge DECLINES to recuse

voluntarily. Petitioner’s Motion to Recuse (Dkt. 123) is REFERRED to Chief Judge Robert S. Lasnik for

decision. 

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ORDER

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The Clerk is directed to send uncertified copies of this Order to all counsel of record and to any 

party appearing pro se at said party’s last known address. The Clerk is further directed to place

Petitioner’s Motion to Recuse (Dkt. 123) on Judge Lasnik’s motion calendar. 

DATED this 28th day of August, 2006.

ARobert J. Bryan

United States District Judge

Case 3:05-cv-05793-RJB Document 127 Filed 08/28/06 Page 3 of 3