Barnett v. McAuliffe

Filing 9

ORDER denying 8 Motion for Recusal. So Ordered by Judge Steven J. McAuliffe.(lat)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Cushaw B. Barnett
v.

Case No. 13-cv-141-SM

Steven J. McAuliffe
O R D E R
Re:

(Document No. 8)
Motion for Recusal of Judge Steven J. McAuliffe

Ruling: Denied. Although petitioner styled the caption of
his initial pleading as if it were a civil claim of some kind
against the presiding judge, it is plain that petitioner only
sought relief allowed by and under the provisions of 28 U.S.C.
§ 2255. The real parties in interest are the petitioner and the
United States - no claim has been asserted against the presiding
judge, nor could one be asserted in this context, and merely
styling the case incorrectly does not give rise to a basis upon
which to urge recusal of the assigned judge. This case is
closed.

Steven J. McAuliffe
United States District Judge
Date:
cc:

May 3, 2013

Cushaw B. Barnett