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)

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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 : : : : : : : : : : 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.

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