Ferona v. Home Depot U.S.A., Inc., et al

Filing 18

ORDER of Recusal by Magistrate Judge Craig B. Shaffer on 4/28/2014. (agarc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01046-CBS
JOSEPH FERONA, SR.,
Plaintiff,
v.
HOME DEPOT U.S.A., and
NW SERVICE ENTERPRISES, INC.,
Defendants.
_____________________________________________________________________
ORDER OF RECUSAL
_____________________________________________________________________
Magistrate Judge Craig B. Shaffer
Title 28 U.S.C. § 455(b) requires that a judge disqualify himself in certain
circumstances. The provision is self-enforcing on the part of the judge. See United
States v. Pearson, 203 F.3d 1243, 1276 (10th Cir. 2000) (§ 455(a), unlike § 144, places
“the obligation to identify the existence of [bias or prejudice] upon the judge himself,
rather than requiring recusal only in response to a party affidavit.”). After reviewing the
case file, I conclude that I must recuse myself from further service in this case.
Accordingly, IT IS ORDERED that I recuse myself from further service in this
matter and that the Clerk of the Court shall cause this case to be reassigned.
DATED at Denver, Colorado this 28th day of April, 2014.
BY THE COURT:

s/Craig B. Shaffer
United States Magistrate Judge

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