Floyd v. Commonwealth, PA State Attorney General et al

Filing 15

ORDER denying pltf's motions 12 & 13 to w/draw referral to Chief Magistrate Judge Schwab & to rule forthwith on other pending motions. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 5/10/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CHARLES FLOYD, JR.,
Plaintiff
v.
COMMONWEALTH, PA. STATE
ATTORNEY GENERAL, et al.,
Defendants

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CIVIL ACTION NO. 1:16-CV-1420
(Chief Judge Conner)

ORDER
AND NOW, this 10th day of May, 2017, upon consideration of the motions
(Docs. 12-13) filed by pro se plaintiff Charles Floyd, Jr. (“Floyd”), requesting that
the court withdraw the referral of this matter to Chief Magistrate Judge Susan
E. Schwab for pretrial management and that the undersigned rule forthwith on
Floyd’s other pending motions (Docs. 10-11),1 and the court finding that Floyd’s
allegations against Chief Magistrate Judge Schwab are wholly without foundation,
and that Floyd demonstrates no basis on which to withdraw the referral, and the
court further finding that Chief Magistrate Judge Schwab has timely and effectively
managed the docket sub judice, it is hereby ORDERED that Floyd’s motions (Docs.
12-13) are DENIED.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania
1

Floyd styles his motion as one for “recusal” of Chief Magistrate Judge
Schwab. A judge may disqualify himself or herself sua sponte or on motion of the
parties under the federal recusal statutes, see 28 U.S.C. §§ 144, 455, but may not
“recuse” or “disqualify” another judicial officer. The court accordingly construes
Floyd’s motion as a request to withdraw the court’s referral of this matter to Chief
Magistrate Judge Schwab for pretrial management.