-2-
123456789
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2.
It is a denial of due process for a judge to judge her own actions, which
Magistrate Judge Woehrle will be doing if she 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.
Argument
Magistrate Judge Woehrle must be recused in this case as she will be
deciding her actions in case no. CV-09-1914 JFW (CW) which are the subject
matter of the instant Petition.
The requirements of due process as set forth inMurchison, supra and
Caperton, supra, mandate her recusal.
/ //
/ //
/ //
/ //
/ //
/ //
/ //
/ //
Leave a Comment