Muhammad v. Option One

Filing 16

Order DENYING Debtor/Appellant's 15 MOTION for Recusal & Disqualification as set out. Appellant is to file her brief on or before 10/6/2010 as set out. Signed by Judge Callie V. S. Granade on 9/22/10. (copy mailed to Debtor/Appellant on 9/22/10) (tot)

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Muhammad v. Option One Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION IN RE: BERNICE MUHAMMAD, Debtor/ Appellant, v. OPTION ONE MORTGAGE Appellee. ) ) ) ) ) ) ) ) ) ) Bankr. Case No. 04-16354-WSS-13 CIVIL ACTION NO. 09-0148-CG-M ORDER This matter is before the court on the second motion of Bernice Muhammad for the recusal and disqualification of the undersigned judge. (Doc. 15). The court does not find that recusal is necessary for the same reasons stated in this court's previous order denying Ms. Muhammad's prior motion for recusal. (See Doc. 14). This second motion for recusal (Doc. 15) is hereby DENIED. The court notes that Ms. Muhammad was ordered to file her brief in this matter on or before September 17, 2010. (Doc. 12). To date, the court has not received Muhammad's brief. The court presumes that Ms. Muhammad's failure to file was an oversight and the court will grant her an extension until October 6, 2010. However, Ms. Muhammad should be advised that failure to file a brief on the merits by October 6, 2010 will result in her appeal being dismissed. Appellant Benice Muhammad is hereby ORDERED to file her brief on the merits of this appeal on or before October 6, 2010. DONE and ORDERED this 22nd day of September, 2010. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE

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