Harris v. City and County of Denver, The et al

Filing 4

ORDER of Recusal. Magistrate Judge Boland recuses himself, by Magistrate Judge Boyd N. Boland on 5/2/13. (nmmsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-01157-BNB
MARQUISE D. HARRIS,
Plaintiff,
v.
THE CITY & COUNTY OF DENVER (sued official capacity),
DENVER DEPARTMENT OF SAFETY (sued official capacity),
DENVER SHERIFF’S (sued individual and official capacity),
RAYMOND N. SATTER (sued individual and official capacity),
CLERK KIM (sued individual and official capacity),
BRIAN McNEILL #07012 (sued individual and official capacity), and
FRANK INGHAM (sued individual and official 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 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 May 2, 2013, at Denver, Colorado.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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