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RICHARD I. FINE
Prisoner ID # 1824367
2 c/o Men’s Central Jail
3 441 Bauchet Street
Los Angeles, CA 90012
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UNITED STATES DISTRICT COURT

7 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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10 RICHARD I. FINE, Case No. CV09-07943 JFW (CW)

Petitioner,
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MOTION TO RECUSE
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vs. MAGISTRATE JUDGE JOHN F.
13 U.S. DISTRICT COURT FOR THE WALTER
CENTRAL DISTRICT OF
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CALIFORNIA, et al, 28 U.S.C. § 455(a)
15 Respondents.
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The grounds for the Motion are:
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22 1. Judge John F. Walter is the same Judge who is named in the instant
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Petition for Writ of Habeas Corpus (the “Petition”) as being the Judge who
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25 denied Petitioner due process and unlawfully incarcerated Petitioner by violating

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28 U.S.C. § 2243, amongst other things, as set forth in the Petition; and
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2. It is a denial of due process for a judge to judge his own actions, which
2 Judge Walter will be doing if he remains on the case. See In Re Murchison, 349
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U.S. 133, 136 (1955), citing the central rule that “no man can be a judge in his
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5 own case,” and adding that “no man is permitted to try cases where he has an
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interest in the outcome.” Cited in Caperton v. A.T. Massey Coal Co., Inc., 566
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8 U.S. __ (2009), decided June 8, 2009, Slip Opinion page 10.

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Argument
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12 Judge Walter must be recused in this case as he will be deciding his actions
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in case no. CV-09-1914 JFW (CW) which are the subject matter of the instant
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15 Petition.
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The requirements of due process as set forth in Murchison, supra and
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Caperton, supra, mandate his recusal.

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Dated this _____ day of November, 2009 Respectfully submitted,
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3 BY: ___________________________
RICHARD I. FINE,
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In Pro Per
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 1 PROOF OF SERVICE
2 STATE OF CALIFORNIA,
3 COUNTY OF LOS ANGELES
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I am Fred Sottile. My address is 2601 E. Victoria Street, # 108, Rancho
6 Dominguez, CA 90220.
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On November ___, 2009, I served the foregoing document described as
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9 MOTION TO RECUSE JUDGE JOHN F. WALTER on interested parties in

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this action by depositing a true copy thereof, which was enclosed in a sealed
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12 envelope, with postage fully prepaid, in the United States Mail, addressed as
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follows:
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Aaron Mitchell Fontana Kevin M. McCormick
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Paul B. Beach BENTON, ORR, DUVAL & BUCKINGHAM
16 LAWRENCE BEACH ALLEN & CHOI, PC 39 N. California Street
100 West Broadway, Ste. 1200 P.O. Box 1178
17 Glendale, CA 91210-1219 Ventura, CA 93002
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I certify and declare, under penalty of perjury under the laws of the United
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States of America and the State of California, that the foregoing is true and

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Executed on this _____ day of November, 2009, at Rancho Dominguez,
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24 California.
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____________________________________
27 FRED SOTTILE
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