ELLINGTON v. HOUSE (2021)

United States Court of Appeals, Ninth Circuit.

Azariah M. ELLINGTON; Mitchell D. Ellington, Plaintiffs-Appellants, v. Mary Thornton HOUSE, Judge; et al., Defendants-Appellees.

No. 20-55733

Decided: September 23, 2021

Before: PAEZ, NGUYEN, and OWENS, Circuit Judges.

Azariah M. Ellington, Inglewood, CA, Pro Se. Mitchell D. Ellington, Los Angeles, CA, Pro Se. Sarah Lee Overton, Attorney, Cummings, McClorey, Davis & Acho, Riverside, CA, for Defendant - Appellee Mary Thornton House. Tyler H. Brown, Esquire, Brown and Brown Attorneys At Law, Upland, CA, for Defendants - Appellees Vikram Barr, Andrew Brody, Meridian Capital Real Estate. Mark Christopher Carlson, Attorney, Carlson Law Group, Inc., Pleasanton, CA, for Defendants - Appellees Jeff Zolot, Century 21 Allstars.

MEMORANDUM **

Azariah M. Ellington and Mitchell D. Ellington appeal pro se from the district court's post-judgment order denying their motion to recuse the judges presiding over their action alleging violations of their civil rights. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. United States v. Hernandez, 109 F.3d 1450, 1453 (9th Cir. 1997). We affirm.

The district court did not abuse its discretion in denying plaintiffs’ motion to recuse District Judge Wilson, District Judge Hatter, and Magistrate Judge Early because plaintiffs failed to demonstrate that a reasonable person would believe that the judges’ impartiality could be questioned. See id. (setting forth standard of review and discussing standard for recusal under 28 U.S.C. §§ 144 and 455).

Plaintiffs’ motion to recuse (Docket Entry No. 8) is denied.

AFFIRMED.

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