Stoffels v. Arguello et al

Filing 5

ORDER OF RECUSAL directing reassigment to another magistrate judge. By Magistrate Judge Kathleen M. Tafoya on 06/30/2010. (sah, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Kathleen M. Tafoya Civil Action No. 10­cv­01397­MSK­KMT DARRELL STOFFELS, Plaintiff, v. CHRISTINE M. ARGUELLO, and MICHAEL E. HEGARTY, Defendants. ORDER OF RECUSAL This matter has been assigned to me upon the recusal of Magistrate Judge Michael E. Hegarty on June 25, 2010. (Doc. No. 124.) Title 28 U.S.C.A. § 455(a) provides, "(a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned." See United States v. Pearson, 203 F.3d 1243, 1264 (10th Cir. 2000). However, a "judge should not recuse himself on unsupported, irrational, or highly tenuous speculation." Hinman v. Rogers, 831 F.2d. 937, 939 (10th Cir. 1987). Plaintiff initiated a separate but related Section 1983 action on April 14, 2010, in which I am a named defendant. See Civil Case No. 10-cv-00840-MSK-KMT. Upon the recusal of Magistrate Judge Hegarty, both that case and this case were drawn to me, most likely for efficiency purposes. Because I am a named Defendant in Plaintiff's other civil proceeding and cannot be both a defendant and the magistrate judge assigned to the same case, I am recusing myself from that case. Consequently, in an effort to serve the ends of efficiency and justice, a new magistrate judge should be drawn for both this case and Case No. 10-cv-00840-MSK. Therefore, I hereby recuse myself from service in this matter as well. The Clerk of Court shall assign another magistrate judge to this case. Dated this 30th day of June, 2010. BY THE COURT: Kathleen M. Tafoya United States Magistrate Judge 2

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