Dowling v. Xcel Energy

Filing 8

ORDER of Recusal. Clerk's Office to randomly drawn and assign another Magistrate Jduge, by Magistrate Judge Kathleen M. Tafoya on 3/30/11. (gmssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 11–cv–03173–REB–KMT

THERESA L. DOWLING,
Plaintiff,
v.
XCEL ENERGY,
Defendant.

ORDER OF RECUSAL

This matter comes before me sua sponte. To eschew the appearance of impropriety, I
conclude that I must recuse myself from this case.
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).
One of my family members owns stock in Xcel Energy. Under these circumstances, the
court’s impartiality might reasonably be questioned.

Therefore, it is ORDERED:
Pursuant to 28 U.S.C. § 455(a), I hereby RECUSE myself from all further involvement
in this case. The Clerk’s Office shall randomly draw and assign another Magistrate Judge to this
case.
Dated this 30th day of December, 2011.

BY THE COURT:

Kathleen M. Tafoya
United States Magistrate Judge