Spreadbury v. Bitterroot Public Library et al
ORDER denying 48 Motion for Recusal. Signed by Jeremiah C. Lynch on 5/26/2011. (TCL, ) Modified on 5/27/2011 to reflect copy mailed to Spreadbury this date (APP, ).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MICHAEL E. SPREADBURY,
BITTERROOT PUBLIC LIBRARY,
CITY OF HAMILTON,
LEE ENTERPRISES, INC., and
BOONE KARLBERG, P.C.,
On May 4, 2011, Plaintiff Michael Spreadbury filed a motion seeking
disqualification of the undersigned pursuant to 28 U.S.C. § 455. By Order entered
May 25, 2011, the motion for disqualification — as it pertained to me — was
On May 26, 2011, the Clerk of Court’s office received, by mail, a second
motion dated May 24, 2011, from Mr. Spreadbury seeking my disqualification
under section 455. The record thus reflects that the second motion was mailed
prior to the filing of the Order denying the first motion.
The second motion simply reiterates the same grounds for disqualification
advanced by Mr. Spreadbury in the first motion which were discussed and rejected
by the Court’s Order of May 25, 2011. The second motion merely points out that
Mr. Spreadbury timely returned this Court’s standard form indicating he did not
consent to the exercise of jurisdiction by a United States Magistrate Judge under
28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. Review of the docket reflects that the
referenced form was received by the Clerk’s Office on May 17, 2011, sealed and
placed in the Clerk’s vault.
Because Mr. Spreadbury’s second motion does not differ in any substantive
respect from the first motion seeking disqualification that was denied, IT IS
HEREBY ORDERED that the second motion, Dkt. # 48, is DENIED as moot.
DATED this 26th day of May, 2011.
/s/ Jeremiah C. Lynch
Jeremiah C. Lynch
United States Magistrate Judge
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