Davis v. Arundel et al

Filing 11

ORDER OF RECUSAL directing reassignment to another magistrate judge. By Magistrate Judge Boyd N. Boland on 03/03/2010. (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 09-cv-02768-WYD-BNB HEATHER DAVIS, Plaintiff, v. KUTAK ROCK, LLP, a Nebraska limited liability partnership, JAMES ARUNDEL, and ALAN RUPE, Defendants. ______________________________________________________________________________ ORDER OF RECUSAL ______________________________________________________________________________ Section 455, 28 U.S.C., requires that a judge disqualify or recuse himself where "his impartiality might reasonably be questioned." The provision is self-enforcing on the part of the judge. United States v. Gigax, 605 F.2d 507, 511 (10thCir. 1979). "In determining whether a judge should recuse under § 455(a), the issue is not whether the judge is impartial in fact, but rather, whether a reasonable man might question his impartiality under all circumstances." Id.; Webbe v. McGhie Land Title Co., 549 F.2d 1358, 1361 (10th Cir. 1977). Circumstances exist which might cause my impartiality reasonably to be questioned. IT IS ORDERED that I hereby recuse myself from further service in this case. IT IS FURTHER ORDERED that the Clerk of the Court is directed to cause this case to be reassigned by random draw to another magistrate judge.

Dated March 3, 2010. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

2