American Tradition Institute et al v. State of Colorado, The et al

Filing 47

ORDER OF RECUSAL directing reassignment to another magistrate judge.By Magistrate Judge Kristen L. Mix on 8/29/2011. (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 11-cv-00859-WJM-KLM AMERICAN TRADITION INSTITUTE, AMERICAN TRADITION PARTNERSHIP, and ROD LUECK, Plaintiffs, v. THE STATE OF COLORADO, JOHN HICKENLOOPER, individually and in his official capacity as Governor of Colorado, BARBARA J. KELLEY, individually and in her official capacity as the Executive Director of the Colorado Department of Regulatory Agencies, JOSHUA EPEL, individually and in his official capacity as Chairman of the Colorado Public Utilities Commission, JAMES TARPEY, individually and in his official capacity as a Commissioner of the Colorado Public Utilities Commission, MATT BAKER, individually and in his official capacity as a Commissioner of the Colorado Public Utilities Commission, and DOUG DEAN, individually and in his official capacity as Director of the Colorado Public Utilities Commission, Defendants. _____________________________________________________________________ ORDER OF RECUSAL _____________________________________________________________________ ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX This case was drawn and subsequently referred [Docket No. 10] to me by District Judge William J. Martínez for pretrial case management. Although I am fully confident that I am able to fairly, impartially, and disinterestedly adjudicate any issues that may come before me in this matter, 28 U.S.C. § 455(a) instructs that a Magistrate Judge “shall disqualify [her]self in any proceeding in which [her] impartiality might reasonably be questioned.” In view of my new career law clerk Nicole Salamander’s longstanding friendship with Attorney Erin Overturf, counsel of record for Defendants, see Notice of Entry of Appearance [Docket No. 14], and in order to avoid the appearance of impropriety, I hereby recuse myself from this matter. Accordingly, IT IS ORDERED that the Clerk of the Court shall assign another Magistrate Judge to this case. Dated at Denver, Colorado, this 29th day of August, 2011. BY THE COURT: s/ Kristen L. Mix Kristen L. Mix United States Magistrate Judge