MARKUS v. UNITED STATES

No. 82 Civ. 4369.

545 F.Supp. 998 (1982)

Lewis MARKUS, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, S. D. New York.

August 18, 1982.


Attorney(s) appearing for the Case

Lewis Markus, pro se.

John S. Martin, Jr., U. S. Atty. for the Southern District of New York, New York City, for respondent; Lawrence F. Ruggiero, Asst. U. S. Atty., New York City, of counsel.


OPINION

EDWARD WEINFELD, District Judge.

This is a motion by the defendant to vacate a sentence he is now serving and for resentencing made pursuant to 28 U.S.C., section 2255. He also moves that the Court recuse and disqualify itself from passing on that motion pursuant to 28 U.S.C., sections 144 and 455, on the grounds, stated variously, that the Court has not been impartial or objective in passing upon his matters.

To sustain a claim of disqualification...

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