MENDEZ v. LARIVA (2018)

United States Court of Appeals, Eighth Circuit.

Raphael MENDEZ Plaintiff-Appellant v. Warden L. LARIVA; Supervisory Attorney K. Lundy; Unknown Inmate Legal Mail Room Servers Defendants-Appellees

No. 18-2118

Decided: October 09, 2018

Before KELLY, ERICKSON, and GRASZ, Circuit Judges. Raphael Mendez, Pro Se Erin Secord, Assistant U.S. Attorney, U.S. Attorney's Office, District of Minnesota, Minneapolis, MN, for Defendants-Appellees

[Unpublished]

Federal civil detainee Raphael Mendez appeals following the district court’s ¹ adverse grant of summary judgment in his pro se civil rights action, claiming the district court judge and magistrate were biased against him. After careful review, we conclude that Mendez’s claim of judicial bias lacks merit. See In re Steward, 828 F.3d 672, 682 (8th Cir. 2016) (judges are presumed to be impartial; party seeking disqualification bears substantial burden of proving otherwise). Accordingly, we affirm. See 8th Cir. R. 47B.

FOOTNOTES

1.   The Honorable Ann D. Montgomery, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Becky R. Thorson, United States Magistrate Judge for the District of Minnesota.

PER CURIAM.