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Case: 09-5080 Document: 1261907 Filed: 08/23/2010 Page: 1

United States Court of Appeals


F OR T HE D ISTRICT OF C OLUMBIA C IRCUIT
____________
No. 09-5080 September Term 2009
1:08-cv-02254
Filed On: August 23, 2010
Gregory S. Hollister,
Appellant
v.
Barry Soetoro, in his capacity as a natural
person; de facto President in posse; and as de
jure President in posse, also known as Barack
Obama, et al.,
Appellees
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Consolidated with 09-5161

BEFORE: Henderson, Tatel, and Garland, Circuit Judges

ORDER

Upon consideration of the petition for rehearing, the motion for recusal, and the
motion to publish, it is

ORDERED that the petition be denied. It is

FURTHER ORDERED that the motion for recusal be denied to the extent that
appellants seek recusal of the above-named judges. Appellants have not
demonstrated the court’s impartiality might reasonably be questioned. See 28 U.S.C. §
455(a). To the extent the motion seeks recusal of the district court judge and vacatur of
the decisions that are the subject of the petition for rehearing, the motion is denied for
the reason given in the court’s judgment of March 22, 2010: Appellants have provided
no reasonable basis for questioning the impartiality of the district court judge. See
Liteky v. United States, 510 U.S. 540 (1994). Finally, the motion is dismissed as moot
insofar as it seeks to remove the district court judge from the underlying civil action
inasmuch as the case was terminated in March 2009. It is

FURTHER ORDERED that the motion to publish be denied. The judgment does
not meet the criteria for publication under D.C. Circuit Rule 36(c).

Per Curiam

FOR THE COURT:


Mark J. Langer, Clerk

BY: /s/
Michael C. McGrail
Deputy Clerk

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