ROSARIO v. GEARY et al

Filing 7

MEMORANDUM ORDER dismissing as moot 6 Motion to withdraw voluntarily as judge. Signed by Judge Joseph E. Irenas on 4/22/09. (th, )

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ALTAGRACIA ROSARIO, Plaintiff, v. RAYMOND C. GEARY, QUINN & QUINN, Defendants. HONORABLE JOSEPH E. IRENAS CIVIL ACTION NO. 09-0055 (JEI/JS) MEMORANDUM ORDER DISMISSING MOTION AS MOOT (Docket No. 6)

APPEARANCES: ALTAGRACIA ROSARIO, pro se Reg. No. 17431-050 Ridge B-3 Federal Prison Camp P.O. Box A Alderson, West Virginia 24910 IRENAS, Senior District Judge: This matter having appeared before the Court upon Plaintiff Altagracia Rosario's "Motion to Withdraw Voluntarily as Judge" pursuant to 28 U.S.C. § 455, and it appearing that: 1. On January 5, 2009, Plaintiff initiated this action by The Complaint was not accompanied by a

filing a Complaint.

filing fee or an application to proceed in forma pauperis. 2. On January 9, 2009, the Court entered an Order

administratively terminating this action due to the absence of a filing fee or an application to proceed in forma pauperis. The

Order provided that the matter would be reopened if a filing fee or an application to proceed in forma pauperis was received 1

within thirty days. 3. On January 30, 2009, Plaintiff submitted an application

to proceed in forma pauperis. 4. Order. On March 30, 2009, the Court issued an Opinion and Therein, the Court: (1) ordered the matter reopened by

the Clerk of Court; (2) granted Plaintiff's application to proceed in forma pauperis; (3) dismissed the original Complaint without prejudice for failure to state a claim; and (4) directed the Clerk of Court to terminate this matter. Thus, the Complaint

has been dismissed, and this matter is currently closed. 5. On April 17, 2009, Plaintiff filed the current motion As this action is

seeking this Court's voluntarily recusal.

closed, there are no proceedings from which this Court could recuse itself.

And for good cause shown; IT IS, on this 22nd day of April, 2009, ORDERED THAT 1. Plaintiff's Motion is hereby DISMISSED AS MOOT.

s/ Joseph E. Irenas JOSEPH E. IRENAS, S.U.S.D.J.

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