In view of the foregoing, and to provide the parties with an
2
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.
_____________________________
CHARLES R. RICHEY
UNITED STATES DISTRICT JUDGE