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
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