Jane Doe v. Catholic Health Initiatives Colorado

Filing 5

ORDER OF RECUSAL directing reassignment to another judge. By Judge William J. Martinez on 1/23/2012. (sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Case No. 12-cv-00165-WJM
JANE DOE
Plaintiff,
v.
CATHOLIC HEALTH INITIATIVES COLORADO, a Colorado nonprofit corporation, d/b/a
CENTURA HEALTH-PENROSE HOSPITAL,
Defendant.

ORDER OF RECUSAL

This matter is before Court sua sponte.
Section 455(a) of Title 28 of the United States Code states that “Any justice, judge,
or magistrate judge of the United States shall disqualify himself in any proceeding in which
his impartiality might reasonably be questioned.” A trial judge must recuse himself when
there is an appearance of bias, regardless of whether there is actual bias. Nichols v. Alley,
71 F.3d 347, 350 (10th Cir. 1995). The test is whether a reasonable person, knowing all
the relevant facts, would harbor doubts about the judge’s impartiality. Hinman v. Rogers,
831 F.2d 937, 939 (10th Cir. 1987).
The President and CEO of Defendant Catholic Health Initiatives Colorado and I have
regular continuous dealings sufficient to be construed as an ongoing relationship. Based
on this relationship, I find that a reasonable person would harbor doubts about my
impartiality. As a result, recusal is required by 28 U.S.C. § 455(a), and I hereby recuse
myself from this case. It is therefore

ORDERED that the Judge’s file be returned to the Clerk’s office for the case to be
reassigned by random draw.
Dated this 23rd day of January, 2012.
BY THE COURT:

_______________________
William J. Martínez
United States District Judge

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