RELIGIOUS TECHNOLOGY CENTER, a California non-profit corporation, Plaintiff,
H. Keith HENSON, an individual, Defendant.
No. C-96-20271-RMW (EAI).
United States District Court, N.D. California.
April 22, 1996.
Thomas R. Hogan, Law Offices of Thomas R. Hogan, San Jose, CA, Roger M.
Milgrim, William M. Hart, Paul, Hastings, Janofsky & Walker, New York City,
Helena K. Kobrin, North Hollywood, CA, for plaintiff Religious Technology
H. Keith Henson, San Jose, CA, pro se.
ORDER ON "MOTION TO DISMISS" (MOTION TO DISQUALIFY JUDGE)
WHYTE, District Judge:
*1 Defendant H. Keith Henson filed a "motion to dismiss" which is actually
a motion to disqualify the undersigned. The motion is supported by an
"affidavit" which contains no jurat. In any event, the motion is brought under
28 U.S.C. Section 455 but fails to set forth facts which, if true, would
call for recusal. Although defendant states that "Judge Ronald M. Whyte or his
clerk are likely to be called as material witnesses in the above numbered and
entitled cause," defendant's factual basis for that conclusion is totally
insufficient. The fact that defendant may have presented a letter dated March
26, 1996 to the court's clerk following a hearing in a related case does not
mean that the undersigned or his clerk "are likely to be called as material
witnesses." The motion to disqualify is, therefore, denied.