USA v. Joy et al

Filing 4

ORDER of Recusal directing Clerk of Court to randomly reassign this case to another magistrate judge. Signed by Judge Michael E. Hegarty on 4/12/2007. (llrsl, )

USA v. Joy et al

Doc. 4

Case 1:07-cv-00654-WYD-BNB

Document 4

Filed 04/12/2007

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-00654-WYD-MEH UNITED STATES OF AMERICA, Plaintiff, v. LESLIE M. JOY, and JOHN MICHAEL JOY, Defendants. ORDER OF RECUSAL Entered by Michael E. Hegarty, United States Magistrate Judge. Pursuant to 28 U.S.C. §455(a), a Magistrate Judge "hall disqualify himself in any s proceeding in which his impartiality might reasonably be questioned." Because I am close friends with Mark S. Pestal, counsel of record for the Plaintiff, I will recuse myself. See United States v. Murphy, 768 F.2d 1518 (7th Cir. 1985) (if an objective observer reasonably could question the ability of the judge to act with disinterest and aloofness based upon a friendship with the prosecutor, recusal is appropriate). Consistent with this case law, I hereby recuse myself from service in this matter. I direct the Clerk of the Court to cause this matter to be reassigned by random draw to another Magistrate Judge. DATED at Denver, Colorado, this 12th day of April, 2007. BY THE COURT: s/ Michael E. Hegarty Michael E. Hegarty United States Magistrate Judge

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