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, )

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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 2

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