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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 1437f

Citation
§ 1437f
Parent Document
Nozzi v. Housing Authority, 806 F.3d 1178 (2015)
Effective Date
2015-11-30

Other Sections in This Document (154)

Full Text

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there are no genuine issues of material fact remaining, that
the Housing Authority does not prevail, and that it has had a
“full and fair opportunity” to present its case, we may
consider whether plaintiffs are entitled to summary judgment.
Albino v. Baca, 747 F.3d 1162, 1176 (9th Cir. 2014) (en
banc). Here, we also consider, at the plaintiffs’ request,
whether to reassign this case to a different district judge,
which we may do only when a party can show “personal
biases or unusual circumstances,” such as when the district
judge can be reasonably expected to have substantial
difficulty setting aside his previous impressions of the case or
when reassignment is desirable in order to preserve the
appearance of justice. Krechman v. Cnty. of Riverside,
723 F.3d 1104, 1111 (9th Cir. 2013). IV. PROCEDURAL DUE PROCESS A. The Contours of the Plaintiffs’ Property Right