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, )

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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 1

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