Kevin Miles v. Charles Ryan

Order; Statement by Judges BERSON and TALLMAN.

ORDER

Appellant’s motion for recusal is DENIED.

BERZON, and TALLMAN, Circuit Judges:

Appellant’s motion to recuse Judge Graber was, in its format, directed to all three judges on the three-judge panel in this case. Under this Circuit’s procedures, however, each judge may decide for himself or herself whether recusal is appropriate. See, e.g., Suever v. Connell, 681 F.3d 1064 (9th Cir.2012); Feminist Women’s Health Center v. Codispoti, 69 F.3d 399 (9th Cir.1995); 28 U.S.C.A. § 455. We therefore directed the motion to Judge Graber alone, who has denied…