Harris v. Bowlen et al.

Filing 10

ORDER by Magistrate Judge Boyd N. Boland on 10/25/12, Of Recusal. The Clerk of the Court shall cause this case to be reassigned to another Magistrate Judge. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 12-cv-02534-BNB
MARQUISE D. HARRIS,
Plaintiff,
v.
PAT BOWLEN (sued individual official capacity), and
DENVER BRONCOS FOOTBALL ORGANIZATION (sued in official individual capacity),
Defendants.

ORDER OF RECUSAL

Section 455(a), 28 U.S.C., requires that a judge disqualify or recuse himself
where “his impartiality might reasonably be questioned.” “In determining whether a
judge should recuse under § 455(a), the issue is not whether the judge is impartial in
fact, but rather, whether a reasonable man might question his impartiality under all
circumstances.” Id.; Webbe v. McGhie Land Title Co., 549 F.2d 1358, 1361 (10th Cir.
1977).
After reviewing the case file, I conclude that I should recuse myself from further
service in this case. Accordingly,
IT IS ORDERED that “Plaintiff[’s] Motion for Recusal” (ECF No. 8) is granted and
I hereby recuse myself from any further service in this matter.
IT IS FURTHER ORDERED that the Clerk of the Court shall cause this case to
be reassigned to another magistrate judge.

DATED October 25, 2012, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

2