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, )

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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

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