San Juan Citizens Alliance v. United States Department of Interior et al

Filing 31

ORDER: I recuse myself from further service in this action. The Clerk of the Court shall cause this case to be reassigned to another magistrate judge. The scheduling conference and motion hearing set for this afternoon at 1:30 p.m.,is VACATED. By Magistrate Judge Boyd N. Boland on 12/9/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-02466-REB-BNB
SAN JUAN CITIZENS ALLIANCE,
Plaintiff,
v.
UNITED STATES DEPARTMENT OF THE INTERIOR, an agency of the United States, and
UNITED STATES BUREAU OF LAND MANAGEMENT, an agency within the United States
Department of the Interior,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
Section 455(a), 28 U.S.C., requires that a judge disqualify or recuse himself where “his
impartiality might reasonably be questioned.” The provision is self-enforcing on the part of the
judge. United States v. Pearson, 203 F.3d 1243, 1276 (10th Cir. 2000). Disqualification is
appropriate “not only where there is actual or apparent bias or prejudice, but also when the
circumstances are such that the judge’s impartiality might be reasonably questioned.” United
States v. Ritter, 540 F.2d 459, 462 (10th Cir. 1976)(internal quotation and citation omitted).
After reviewing the case file, I conclude that my impartiality in this case might
reasonably be questioned, and I should recuse myself from further service.
IT IS ORDERED:
(1)

I recuse myself from further service in this action;

(2)

The Clerk of the Court shall cause this case to be reassigned to another magistrate

judge; and

(3)

The scheduling conference and motion hearing set for this afternoon at 1:30 p.m.,

is VACATED.
Dated December 9, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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