We are pleased to bring you an update from our call for action that went out on December 5, 2011, to inform you that newly-appointed Middle District Judge Robert Mariana has granted a Temporary Restraining Order prohibiting the York County Sheriff from going forward with the forced eviction scheduled for December 8, 2011. It was the only right decision under the circumstances, and, while we do not feel it is incumbent upon us to thank judges for doing what is the only right and just thing, there is a certain appreciation that is expressed, under all the circumstances.
Judge Mariani set the TRO to expire on December 21, 2011, and has referred it back to Magistrate Judge Blewitt, who summarily denied Conklin’s April, 2011 motion, for a report and recommendation on the request to make the TRO into a preliminary and perhaps permanent injunction. Mariani has not yet addressed the Motion for Recusal Coklin filed, and we will update you as these matters proceed. A copy of Judge Mariani’s Order follows:
While Steve and his family are most certainly relieved of this urgent situation, it is no time to rest, and the efforts that are underway here must continue in earnest. Judge Mariani was given almost no choice short of lawlessness to do what he did, and we will be cautiously optimistic, and continue to give every judge the benefit of the doubt, and opportunity to act in accordance with his or her judicial duties.
Thank you all for your support.