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In re Inmates 3 West at the Clark County Jail

July 19, 2006

IN RE INMATES 3 WEST AT THE CLARK COUNTY JAIL, PLAINTIFF,


The opinion of the court was delivered by: Chief Magistrate Judge Michael R. Merz

District Judge Thomas M. Rose

RECUSAL ORDER

This matter arises from a letter written on June 29, 2006, to Senior Judge Walter Rice by a number of inmates confined in the 3 West wing or pod of the Clark County Jail (Doc. No. 1). Judge Rice's order (attached hereto) requires the Clerk to file the letter as a miscellaneous case (jail conditions under 42 U.S.C. § 1983) and send the file back to Judge Rice on an immediate basis.

It appears from the docket that when the miscellaneous case was opened, it was randomly assigned to District Judge Rose. Because the inmates filed the matter pro se, the Clerk appropriately marked the docket to show a reference to the undersigned pursuant to the Dayton General Order of Assignment and Reference.

Understanding, however, that Judge Rice desires to handle this matter personally without the intervention of a magistrate judge, the undersigned recuses himself from further involvement in this matter in the absence of an individual order of reference.

Michael R. Merz Chief United States Magistrate Judge

20060719

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