League of Women Voters of PA v. Ralph J. Cappy ( 2010 )

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 09-3523
THE LEAGUE OF WOMEN VOTERS OF PENNSYLVANIA,
Appellant
v.
RALPH J. CAPPY; PAUL J. KILLION; PAUL J. BURGOYNE; RAYMOND S.
WIERCISZEWSKI
On Appeal from the United States District Court
for the Middle District of Pennsylvania
District Court No. 08-CV-971
District Judge: The Honorable Yvette Kane
Submitted Pursuant to Third Circuit L.A.R. 34.1(a)
June 21, 2010
Before: SLOVITER, SMITH, and COWEN, Circuit Judges
Filed: June 29, 2010
JUDGMENT ORDER
This cause came on to be heard on the record from the United States District Court
for the Middle District of Pennsylvania and was submitted on June 21, 2010.1 On
1
The District Court had jurisdiction under 28 U.S.C. §§ 1331 and 1343. We
exercise appellate jurisdiction under 28 U.S.C. § 1291. We review a District Court’s
refusal to disqualify itself under § 455(a) for an abuse of discretion. United States v.
consideration thereof, it is now ORDERED and ADJUDGED that the judgment of the
District Court entered on July 24, 2009, be and the same hereby is AFFIRMED. Costs
taxed against the appellant.
By the Court,
/s/D. Brooks Smith
Circuit Judge
ATTEST:
/s/Marcia M. Waldron
Clerk
Dated: June 29, 2010
Antar, 53 F.3d 568, 573 (3d Cir. 1995). We exercise plenary review over a District
Court’s determinations of mootness, Burkey v. Marberry, 556 F.3d 142, 146 (3d Cir.
2009), and lack of standing, Common Cause of Pennsylvania v. Pennsylvania, 558 F.3d
249, 257 (3d Cir. 2009).