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.
ยง 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
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