Johnson v. Western State Colorado University et al

Filing 8

ORDER of Disqualification. ORDERED that the undersigned district judge is disqualified from presiding or acting further in this case by Judge Robert E. Blackburn on 10/09/13. (jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Robert E. Blackburn, Judge
Civil Case No. 13-cv-02747-REB-BNB
KEIFER JOHNSON,
Plaintiff,
vs.
WESTERN STATE COLORADO UNIVERSITY,
BRAD BACA, in his official capacity as president of Western State Colorado University,
GARY PIERSON, in his official capacity as Vice President Student Affairs & Dean of
Students, and
SARA PHILLIPS, individually, and in her official capacity as Title IX Coordinator,
Defendants.

ORDER OF DISQUALIFICATION
Blackburn, J.
On October 8, 2013, this civil action was assigned to me pursuant to
D.C.COLO.LCivR 40.1A. However, I am a 1972 graduate of defendant, Western State
Colorado University,1 and continue to hold it and its administration and student body in
high regard. Accordingly, my impartiality might reasonably be questioned, and the
appearance of impropriety may very well exist, warranting the sua sponte recusal and
disqualification of the court as required by 28 U.S.C. § 455 (a)2 and Canon 3 C (1) of
the Code of Conduct for United States Judges, 175 F.R.D. 364, 368 (1998).
1

2

In 1972 the name of the school was Western State College.

The standard for impartiality under 28 U.S.C. § 455(a) is an objective one, requiring
recusal only “if a reasonable person, knowing all the relevant facts, would harbor doubts about the judge’s
impartiality.” United States v. Cooley, 1 F.3d 985, 993 (10th Cir. 1993) (citations omitted).

THEREFORE, IT IS ORDERED that the undersigned district judge is disqualified
from presiding or acting further in this case.
Dated October 9, 2013, in Denver, Colorado.
BY THE COURT:

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