Can I recuse a Judge in Federal Court

[callmeconfused]

California State

I am the plaintiff in a civil rights lawsuit filed in Federal District Court. My case was recently assigned to a different Judge who I do not personally like and to whom I do not want to handle my case. (For whatever reason) I know in California State Superior Court, when a Judge is first assigned to a case, I have a right to, within 10 days of the notice of reassignment, to recuse the Judge under Ca. Code of Civil Procedure 170.6, and the litigant is not required to provide any reasons for cause relating to why he does not want to proceed before that particular judge.

My question is: Is there a Federal equivalent to recuse a judge without cause similar to Ca. Code of Civil Procedure 170.6? Am I allowed to automatically recuse one judge in my case in Federal Court, and if not, what is my best course to try to get the case either remanded back to the original judge the case was randomly assigned to, or a different judge?

 

[tranquility]

You never get to recuse a judge, you can only ask. While the CA statute gives the format, there is not one for Federal courts. Look to the Local Rules and to a nice case law manual like Rutter Group for timelines and format, but even if you do everything perfect, you are not going to get a new judge unless you have a great reason. G-r-e-a-t reason. Sleeping with the other side's attorney or something reason.

 

[Tex78704]

You can file a request, but it is not a freebie, as you will be required to provide an affidavit to support the facts and reasoning for the request. It does not mean you will get a better judge more to your liking...

28 USC §144. Bias or prejudice of judge
Whenever a party to any proceeding in a district court makes and files a timely and sufficient affidavit that the judge before whom the matter is pending has a personal bias or prejudice either against him or in favor of any adverse party, such judge shall proceed no further therein, but another judge shall be assigned to hear such proceeding.

The affidavit shall state the facts and the reasons for the belief that bias or prejudice exists, and shall be filed not less than ten days before the beginning of the term at which the proceeding is to be heard, or good cause shall be shown for failure to file it within such time. A party may file only one such affidavit in any case. It shall be accompanied by a certificate of counsel of record stating that it is made in good faith.

The key word here is "sufficient". If the court determines your facts and reasons are insufficient, your request will be denied.