Ave Maria School of Law v. Sebelius et al

Filing 21

ORDER of recusal. Judge Sheri Polster Chappell recused. The Clerk of the Court is directed to reassign the case to another District Judge. Signed by Judge Sheri Polster Chappell on 2/3/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
AVE MARIA SCHOOL OF LAW,
Plaintiff,
v.

Case No: 2:13-cv-795-FtM-38DNF

KATHLEEN SEBELIUS, THOMAS
PEREZ,
UNITED
STATES
DEPARTMENT OF HEALTH AND
HUMAN
SERVICES,
UNITED
STATES DEPARTMENT OF LABOR,
UNITED STATES DEPARTMENT OF
TREASURY and JACOB LEW,
Defendants.
/
ORDER1
This matter comes before the Court upon Sua Sponte Review of the Complaint
(Doc. #1) filed on November 12, 2013. Under 28 U.S.C. § 455(a), "[a]ny justice, judge,
or magistrate judge of the United States shall disqualify [herself] in any proceeding in
which [her] impartiality might reasonably be questioned." Any doubt "must be resolved in
favor of recusal." See Murray v. Scott, 253 F.3d 1308, 1310 (11th Cir. 2001). In order to
avoid the appearance of impartiality, the undersigned shall recuse from this case.
Accordingly, it is now
ORDERED:

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The Undersigned is hereby RECUSED from the instant case. The Clerk of the
Court is directed to reassign the case to another District Judge.
DONE and ORDERED in Fort Myers, Florida this 3rd day of February, 2014.

Copies: All Parties of Record

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