§ 1437f

Citation: § 1437f
Parent Document: Nozzi v. Housing Authority, 806 F.3d 1178 (2015)
Jurisdiction: United States (federal)
Effective Date: 2015-11-30
Original Source: https://www.courtlistener.com/opinion/3158630/nozzi-v-housing-authority/ ↗

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Plaintiffs have requested that we use our supervisory
power to reassign this case to a different district judge on
remand. We reassign a case to a different district judge in
“unusual circumstances.” Krechman v. County of Riverside,
723 F.3d 1104, 1111 (9th Cir. 2013). To determine whether
such reassignment is appropriate we look to three factors:
(1) whether the original judge could “reasonably be expected
upon remand to have substantial difficulty in putting out of
his or her mind previously-expressed views or findings
determined to be erroneous or based on evidence that must be
rejected,” (2) whether reassignment is advisable to preserve
the appearance of justice, and (3) whether reassignment
would “entail waste and duplication out of proportion to any
gain in preserving the appearance of fairness.” Id. at
1111–12.
46                       NOZZI V. HACLA

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