Goodall v. Comprehensive Women's Health Center et al

Filing 19

ORDER of recusal. Judge Sheri Polster Chappell recused. Signed by Judge Sheri Polster Chappell on 7/29/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JENNIFER GOODALL,
Plaintiff,
v.

Case No: 2:14-cv-399-FtM-38CM

COMPREHENSIVE WOMEN'S
HEALTH CENTER, BAYFRONT
MEDICAL HEALTH GROUP,
BAYFRONT HEALTH PORT
CHARLOTTE, STEPHEN B.
RUSSELL, as the State Attorney for
Florida's Twentieth Judicial Circuit,
JOHN DOE I in his or her capacity as
Special Assistant State's Attorney,
JOHN DOE(S) II, physicians
providing obstetric care at Bayfront
Health Port Charlotte,
Defendants.
/
ORDER1
This matter comes before the Court upon sua sponte review of the Complaint (Doc.
#1) filed on July 18, 2014. Under 28 U.S.C. § 455(a), "[a]ny justice, judge, or magistrate
judge of the United States shall disqualify [her]self 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). Additionally, 28

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U.S.C. § 455(b) enumerates certain circumstances in which judges must disqualify
themselves from cases. Pertinent here, judges should disqualify themselves when they
know their spouse "has a financial interest in . . . a party to the proceeding, or any other
interest that could be substantially affected by the outcome of the proceeding." 28 U.S.C.
§ 455(b)(4). Here, Community Health Services, Inc. owns Defendant Bayfront Health in
Port Charlotte, and employs the undersigned's spouse. As a result, the undersigned finds
a conflict of interest and must recuse herself from this case.
Accordingly, it is now
ORDERED:
The Honorable Sheri Polster Chappell is hereby RECUSED from the instant case.
The Clerk of the Court is directed to reassign the case to another United States District
Judge.
DONE and ORDERED in Fort Myers, Florida this 29th day of July, 2014.

Copies: All Parties of Record

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