Dickman v. 21st Century Oncology Holdings, Inc. et al
Filing
12
ORDER of recusal. 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. Signed by Judge Sheri Polster Chappell on 4/5/2016. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
JOHN DICKMAN, individually, and on
behalf of all others similarly situated
Plaintiff,
v.
Case No: 2:16-cv-218-FtM-99MRM
21ST CENTURY ONCOLOGY
HOLDINGS, INC. and 21ST
CENTURY ONCOLOGY, INC.,
Defendants.
/
ORDER1
This matter comes before the Court upon sua sponte review of the docket.
Pursuant to 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 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). As
1
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their websites. Likewise, the Court has no agreements with any of these third parties or their websites.
The Court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that
a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the Court.
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 5th day of April, 2016.
Copies: All Parties of Record
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