Judges Order 1/4/95


     William Thomas, et. al.       |          C.A. No. 94-2742
           Plaintiffs pro se,      |          Judge Charles R. Richey
               v.                  |
     The United States, et. al.    |
           Defendants.             |


The Court has before it in the above-entitled cause a Motion by the Plaintiffs asking the Court to Recuse itself, pursuant to 28 U.S.C. 144 and 455. The gravamen of the Complaint is that the Plaintiffs, appearing in forma pauperis, asked for a Temporary Restraining Order on or about December 22, 1994, which came to the Court's attention late in the day. The Court was advised that the United States had not been served with process which the Plaintiffs now state was incorrect.

While it is true that Courts may grant Temporary Restraining Orders without opposing counsel being present, it has long been this Court's practice not to do so, particularly in cases involving the Government since they are generally close by. Late Thursday afternoon on December 22, 1994, however, this Court did not have an adequate staff or facilities to hear and determine the matter late in the day, even though the action was allegedly filed with the Clerk at or about 1:00 p.m. on December 22, 1994.

In view of the foregoing, and to provide the parties with an


opportunity to contest the matters asserted in the Original Complaint, it was determined by the Court to postpone the matter until after the holiday season in order to give the United States Government an opportunity to file an Opposition, if any, and the Plaintiffs an opportunity to Reply and then to set a hearing for 2:30 p.m. on Friday, January 6, 1995.

Since the Court denied the Temporary Restraining Order, without prejudice, because of the holiday season and the shortage of support staff, even though the Court itself was present, it has determined that the Plaintiffs Motion for Recusal is frivolous and without merit under either or both statutes. 28 U.S.C. 144, 455.

Accordingly, it is, by the Court, this 4th day of January 1995, hereby

ORDERED that the Government shall be, and hereby is, directed to file an Opposition to the Plaintiffs' Motion for Recusal by 4:00 p.m. on January 5, 1995; and it is

FURTHER ORDERED that the Plaintiffs may file a Response, if any, by 10:00 a.m. on January 6, 1995, the morning of the hearing.