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Williams v. Commonwealth

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


April 13, 2006

CHARLES WILLIAMS, PLAINTIFF
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 13th day of April, 2006, upon consideration of pro se plaintiff's motions to compel discovery (Doc. 114) and to recuse the undersigned (Doc. 116),*fn1 and it appearing that a motion for summary judgment (Doc. 98), filed by defendant Norris B. Webb, is pending before the court,*fn2 and that plaintiff's discovery requests are not relevant to the pending motion for summary judgment (see Doc. 114; Doc. 116 ¶ 20), and the court finding that a reasonable person would not question the impartiality of the undersigned to oversee this case, see 28 U.S.C. § 455 (providing that a judge "shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned"); Liteky v. United States, 510 U.S. 540, 548 (1994); United States v. Martorano, 866 F.2d 62, 68 (3d Cir. 1989), and that plaintiff's allegations do not warrant recusal of the undersigned, see 28 U.S.C. §§ 144, 455, it is hereby ORDERED that:

1. The motion to compel discovery (Doc. 114) is DENIED without prejudice.

2. The motion to recuse the undersigned (Doc. 116) is DENIED. See 28 U.S.C. §§ 144, 455.

CHRISTOPHER C. CONNER United States District Judge


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