Kimley-Horn and Associates, Inc. v. Bighorn Land Surveyors, Inc.

Filing 9

ORDER recusing Magistrate Judge Boland, The Clerk of the Court shall cause this case to be reassigned to another magistrate judge. by Magistrate Judge Boyd N. Boland on 10/18/2013. (trlee, )

IN THE UNITED STATE DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-02694-RM-BNB
KIMLEY-HORN AND ASSOCIATES, INC.,
Plaintiff,
v.
BIGHORN LAND SURVEYORS, INC., d/b/a San Juan Surveying,
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 I should recuse myself from further service
in this case.
IT IS ORDERED:
(1)
(2)
judge.

I recuse myself from further service in this matter; and
The Clerk of the Court shall cause this case to be reassigned to another magistrate

Dated October 18, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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