. | | L/ FEB 18 2025 □□□ UNITED STATES DISTRICT COURT U.8.B.0. SOUTHERN DISTRICT OF NEW YORK WR § JOSEPH CARSON, § Petitioner, § APPLICATION § REQUESTING Vv. § DISTRICT COURT § DISQUALIFICATION D. BAROMETRE, SUPERINTENDENT § . , OF OTISVILLE CORRECTIONAL § 23 Civ, 6776 (RMK)(ICM) FACILITY,! § . . . § Respondent. § □ 8 stargornewyornk ) ~~ ~~» MEMO ENDORSED )S.S.: COUNTY OF ORANGE ) . □ JOSEPH CARSON, PRO SE PETITIONER. - ‘TO THE HONORABLE KENNETH M. KARAS, UNITED STATES DISTRICT JUDGE: I am kindly requesting this District Court to disqualify itself from rendering a determination in this matter, pursuant to

(a). This request is being made because there is a possibility that the impartiality of this Court might reasonably be questioned. In 2019, this Court rendered a decision in favor of the police officers who arrested me in this matter. See, Wheeler v. Slanovec,

(S.D.N.Y. 2019). Further, in Wheeler, my appellate counsel, Alex J. Smith, represented the police officers who arrested me. _ Because of this Court’s familiarity with the police officers that arrested me, it is possible that this Court may not be impartial when rendering a decision concerning my freedom. .

I humbly request that this Court disqualify itself from this case, or review. and render a decision with impartiality.

: AFFIDAVIT OF SERVICE

STATE OF NEW YORK ) COUNTY OF ORANGE JSS: I, Joseph Carson, being duly sworn, deposes and says that on the 12" day of February, > _ 2025, T served the following papers: Application requesting District Court Disqualification. 23 CV 06776 (KMK) 28 U.S.C. 8455(a) . by sealing them in a properly addressed postage-prepaid envelope and placing it in the mail box, for depositing it in a mailbox for forwarding, via U.S. Postal Service, to those listed below: □ □ Hon. Kenneth M. Karas . □ USS. District Court, $.D.N.Y, 300 Quarropas St. White Plains, NY 10601 □ Respectfully submitted, ae Chroon Sworn to before me on this .

JA_ day of February 2025 . KEES NOTARY PUBLI pe JAMES L THOMPSON _| NOTARY PUBLIC, STATE OF NEW YoRK . . Registration No, 01TH638305) Qualified in Orange Count □ My Commission, Expires: LL ne

Pursuant to the Court's order issued on February 10, 2025, Plaintiffs’ Motion is denied. The Court respectfully requests the Clerk of Court mail a copy of this order and the previous order (Dkt. No. 34) to Plaintiff. SO ORDERED. .

2/24/2025 .

I thank this Court for considering this letter. I declare under the penalty of perjury that the foregoing is true and correct. See,

;

. Respectfully submitted,

er nee Carson, Pro se □ ‘Sworn to before me on this □ . yh . □ day of February 2025 □

NOTARY PUBFIC [er JAMES L THOMPSON oo NOTARY PUBLIC, STATE OF NEW YORK □ □ Registration No, 01TH6383051. - Qualified in Orange County, My Commission Expires: AY“ .

| The Petitioner is now at the Otisville Correctional Facility, where D, Barometre is the Superintendent. The Petitioner is no longer under the custody of T. McGuinness, who is the superintendent at the Shawangunk □ Correctional Facility. Therefore, D. Barometre should be substituted as Respondent pursuant to FRCP Rule 25(d).

t 7 fF =O) gt □ et gO se.

: o Ze Bo tet \°S) □ oe <5 oo 0 25g 3 3% Joo tL Zz ee IY a8 Be □□ bags, LIZ ES , lE Lae T= 3 : a ly —~ “3s OW TTS VE BO — □ wiK ev ~ : tp le C ol CO L- G < tv 4 □

> 5 Mey. oP»

ge ee □ 8 29 THECEIVE\|. WW yj

aes wi FEB 18 2025 □□□ 3 USDC. □