Woods v. Radiation Therapy Services, Inc.

Filing 4

ORDER of recusal. The Honorable Sheri Polster Chappell is RECUSED from the above-captioned 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 12/22/2016. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ANDREW L. WOODS,
Plaintiff,
v.

Case No: 2:16-cv-897-FtM-38MRM

RADIATION THERAPY SERVICES,
INC.,
Defendant.
/
ORDER1
This matter comes before the Court on sua sponte review of the Notice of Removal
(Doc. #1) and Complaint (Doc. #2) filed on December 19, 2016. A judge “shall disqualify
[her]self in any proceeding in which [her] impartiality might reasonably be questioned."
Any doubt “must be resolved in favor of recusal.” 28 U.S.C. § 455(a). The purpose of
§ 455 is “to promote confidence in the judiciary by avoiding even the appearance of
impropriety whenever possible.” Liljeberg v. Health Servs. Acquisition Corp., 486 U.S.
847, 865 (1988); see also United States v. Cerceda, 188 F.3d 1291, 1293 (11th Cir.
1999) (requiring recusal when the objective circumstances create an appearing of
partiality). Recusal is appropriate when “an objective, disinterested, lay observer fully
informed of the facts underlying the grounds on which recusal was sought would entertain
a significant doubt about the judge's impartiality.” Parker v. Connors Steel Co., 855 F.2d

1

Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or websites. These
hyperlinks are provided only for users’ convenience. Users are cautioned that hyperlinked documents in
CM/ECF are subject to PACER fees. By allowing hyperlinks to other websites, this Court does not endorse,
recommend, approve, or guarantee any third parties or the services or products they provide on 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.

1510, 1524 (11th Cir. 1988). Any doubts must resolve in favor of the moving party. See
Murray v. Scott, 253 F.3d 1308, 1310 (11th Cir. 2001).
Based on the foregoing and because of the undersigned’s connection with other
pending federal cases that involve Defendant Radiation Therapy Services, Inc. d/b/a 21st
Century Oncology, the undersigned finds a conflict of interest and must recuse herself
from this case.
Accordingly, it is now
ORDERED:
(1) The Honorable Sheri Polster Chappell is RECUSED from the above-captioned
case.
(2) 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 22nd day of December, 2016.

Copies: All Parties of Record

2