Truesdale v. USA

Filing 2

ORDER OF RECUSAL in this matter as well as related criminal proceeding 3:92cr34. Signed by District Judge Max O. Cogburn, Jr on 12/21/2011. (Pro se litigant served by US Mail.)(bsw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:11cv634
[criminal case 3:92cr34-01]
ALVIN TRUESDALE,

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Petitioner,
Vs.
UNITED STATES OF AMERICA,
Respondent.
_______________________________

ORDER

THIS MATTER is before the court on initial screening of petitioner’s Motion
to Vacate (#1) in accordance with the Rules Governing Section 2255 Proceedings. In
conducting such initial screening, the court has conducted a routine conflicts check
and determined that at the time the criminal action was commenced in 1992, the
undersigned was employed by the United States Attorney for the Western District of
North Carolina, serving in the unit that prosecuted such criminal action. While the
court does not have a specific recollection of the facts surrounding this case or the
extent of the undersigned’s involvement in the prosecution at this time, the court will
recuse itself in an abundance of caution.
The Clerk of this court is instructed to note this recusal in this civil action as
well as in United States v. Truesdale, et al., 3:92cr34-RDP (W.D.N.C. 1992) as to all
defendants therein, and assign this matter to another judge.

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ORDER
IT IS, THEREFORE, ORDERED that the undersigned recuses himself in this
civil action as well as in 3:92cr34 as to all defendants.

Signed: December 21, 2011

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