ROUDABUSH v. BITENER et al

Filing 155

ORDER administratively terminating 140 Motion to Consolidate Cases, 144 Motion to implement the mandate, 147 Motion for Default Judgment, 148 Motion to change the name of defendant, 149 Motion to change the spelling of a defendants name, 150 Motion for Default Judgment, and 151 Motion for Preliminary Injunction. Signed by Judge Renee Marie Bumb on 11/5/2018. (dmr)(n.m.)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CAMDEN VICINAGE

James L. Roudabush, Jr.,
Plaintiff,
v.

Lt. Bitener et al.,
Defendants.

By

Order

dated

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September

CIV. ACTION NO. 15-3185(RMB)

ORDER

21,

2018,

this

Court

denied

Plaintiff’s letter request to rule on his pending motions in this
matter. (Order, ECF No. 153.) The Court explained that on April
21, 2016, this Court revoked Plaintiff’s IFP status pursuant to
the three strikes provision of the Prison Litigation Reform Act,
28 U.S.C. § 1915(g), and directed Plaintiff to pay the filing fee
to

proceed

in

this

matter.

(Order,

ECF

No.

113.)

Plaintiff

appealed, and the Third Circuit Court of Appeals reversed and
remanded. (Mandate, ECF No. 136.) Plaintiff then filed a motion
for recusal, which this Court denied. (Mot. for Recusal, ECF No.
138; Order, ECF No. 142.)
Plaintiff filed subsequent motions (Mot. to Appoint Counsel,
ECF No. 139; Mot. to Consolidate, ECF No. 140; Mot. to Implement
Mandate, ECF No. 144; Mot. for Default, ECF No. 147; Mot. to Change
Name, ECF No. 148; Mot. to Change Spelling; ECF No. 149; Mot. for

Default, ECF No. 150; Mot. for Prelim. Inj., ECF No. 151) but
before the Court could address the motions, Plaintiff appealed
this Court’s Order denying Plaintiff’s motion for recusal. (Notice
of Appeal, ECF No. 145.)
The

Court

determined

that

its

order

denying

Plaintiff’s

motion for recusal was an appealable order that divests the Court
of jurisdiction pending appeal. (Order, ECF No. 153.) Thus, the
Court denied Plaintiff’s request to rule on his pending motions.
(Id.) The Third Circuit has not yet ruled on Plaintiff’s appeal.
Therefore, the Court will administratively terminate Plaintiff’s
pending motions subject to reopening upon the Third Circuit’s
ruling on Plaintiff’s appeal.
IT IS therefore on this 5th day of November 2018,
ORDERED that the Clerk of the Court shall administratively
terminate the following motions, subject to reopening upon the
Third Circuit’s ruling on

the pending appeal (USCA Case No. 18-

2443, ECF No. 146); Plaintiff’s motion to consolidate (ECF No.
140); motion to implement the mandate (ECF No. 144); motion for
default judgment (ECF No. 147); motion to change the name of
defendant (ECF No. 148); motion to change the spelling of a
defendant’s name (ECF No. 149); motion for default judgment (ECF
No. 150); and motion for preliminary injunction (ECF No. 151); and
it is further
2

ORDERED that the Clerk shall mail a copy of this Order to
Plaintiff by regular U.S. mail.

s/Renée Marie Bumb
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE

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