RICHARD I. FINE
Prisoner ID # 1824367
c/o Men\u2019s Central Jail
441 Bauchet Street
Los Angeles, CA 90012

Judge John F. Walter is the same Judge who is named in the instant Petition for Writ of Habeas Corpus (the \u201cPetition\u201d) as being the Judge who denied Petitioner due process and unlawfully incarcerated Petitioner by violating 28 U.S.C. \u00a7 2243, amongst other things, as set forth in the Petition; and

U.S. DISTRICT COURT FOR THE
CENTRAL DISTRICT OF
CALIFORNIA, et al,

MOTION TO RECUSE
MAGISTRATE JUDGE JOHN F.
WALTER

It is a denial of due process for a judge to judge his own actions, which Judge Walter will be doing if he remains on the case. See In Re Murchison, 349 U.S. 133, 136 (1955), citing the central rule that \u201cno man can be a judge in his own case,\u201d and adding that \u201cno man is permitted to try cases where he has an interest in the outcome.\u201d Cited in Caperton v. A.T. Massey Coal Co., Inc., 566 U.S. __ (2009), decided June 8, 2009, Slip Opinion page 10.

Judge Walter must be recused in this case as he will be deciding his actions in case no. CV-09-1914 JFW (CW) which are the subject matter of the instant Petition.

BY:___________________________
RICHARD I. FINE,
In Pro Per