THE LEAGUE OF WOMEN VOTERS PA v. KILLION, 385 Fed.Appx. 134 (3rd Cir. 2010)

THE LEAGUE OF WOMEN VOTERS OF PENNSYLVANIA, Appellant v. Ralph J. CAPPY; Paul J. Killion; Paul J. Burgoyne; Raymond S. Wierciszewski.

No. 09-3523.United States Court of Appeals, Third Circuit.Submitted Pursuant to Third Circuit L.A.R. 34.1(a) June 21, 2010.
Filed: June 29, 2010.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

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.

Paul A. Rossi, Esq., Mountville, PA, for Appellant.

Arlin M. Adams, Esq., Bruce P. Merenstein, Esq., Paul H. Titus, Esq., Schnader Harrison Segal Lewis, Philadelphia, PA, A. Taylor Williams, Esq., Supreme Court of Pennsylvania Administrative Office of PA Courts, Philadelphia, PA, for Appellee.

Before: SLOVITER, SMITH, and COWEN, Circuit Judges.

JUDGMENT ORDER
D. BROOKS SMITH, Circuit Judge.

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 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.

[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. 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).

Page 135