Martinez v. Chaumont et al

Filing 25

ORDER granting 24 Motion for Recusal. Judge William J. Martinez recused. Case reassigned to Judge Richard P. Matsch for all further proceedings. ORDERED by Judge William J. Martinez on 05/03/2016.(cthom, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
Civil Action No. 16-cv-00345-WJM-MJW
JOSE MARTINEZ,
Plaintiff,
v.
K. NG CHAUMONT, RN,
RYAN WHITE, RN,
R. DUMIYE, RN, and
BRENDA HIGMAN (HIGMAN), LPN,
Defendants.

ORDER OF RECUSAL

This matter comes before the Court on Defendants’, K. NG Chaumont, RN, Ryan
White, RN, R Dumiye, RN, and “Brenda Higman, RN”’s Motion for Order of Recusal
(ECF No. 24). The Court having reviewed the Motion and being fully advised hereby
ORDERS as follows:
The Defendants’ Motion is GRANTED.
Section 455(a) of Title 28 of the United States Code states that “Any justice,
judge, or magistrate judge of the United States shall disqualify himself in any
proceeding in which his impartiality might reasonably be questioned.” A United States
judge must recuse himself when there is an appearance of bias, regardless of whether
there is actual bias. Nichols v. Alley, 71 F.3d 347, 350 (10th Cir. 1995). The test is
whether a reasonable person, knowing all the relevant facts, would harbor doubts about
the judge’s impartiality. Hinman v. Rogers, 831 F.2d 937, 939 (10th Cir. 1987).

The Amended Complaint makes allegations regarding violations of the Plaintiff’s
constitutional rights by the Defendants. According to the Motion, the Defendants are
employed by Denver Health. My wife, Judith C. Shlay, M.D., is employed by Denver
Health in a senior management position. On these facts, I find that a reasonable
person would harbor doubts about my impartiality. As a result, recusal is required by 28
U.S.C. § 455(a), and I hereby recuse myself from this case. It is therefore
ORDERED that the Judge’s file be returned to the Clerk’s office for the case to
be reassigned by random draw.
Dated this 3rd day of May, 2016.
BY THE COURT:

_______________________
William J. Martínez
United States District Judge

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