Sutter v. USA

Filing 50

ORDER ATTACHED granting 49 Motion for Recusal and directing the Clerk to reassign this case in accord with the attached order. Signed by Judge Richard A. Lazzara on 1/4/2017. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

SHAWN LOUIS SUTTER,
Plaintiff,
v.

CASE NO. 8:14-cv-939-T-26MAP

UNITED STATES OF AMERICA,
Defendant.
/

ORDER
UPON DUE AND CAREFUL CONSIDERATION of the procedural history of this
case, and Plaintiff’s related criminal case, Case Number 8:12-cr-301-T-25MAP, together
with Plaintiff’s sworn factual submissions which, unfortunately, the Court cannot contest
under settled law even though they are blatantly false and contradicted by the record in the
related criminal case,1 and being bound by the Eleventh Circuit’s standard for recusal by a
federal judge,2 it is ORDERED AND ADJUDGED that Plaintiff’s Motion for Recusal (Dkt.
49) is granted. The Clerk is directed to reassign this case to another district judge of the
Tampa Division pursuant to the Clerk’s blind rotation system for the assignment of cases.
DONE AND ORDERED at Tampa, Florida, on January 4, 2017.

1

See United States v. Serrano, 607 F.2d 1145, 1500 (5th Cir. 1979). The Eleventh
Circuit is bound by Fifth Circuit law handed down before October 1, 1981. Bonner v. City of
Prichard, 661 F.2d 1206 (11th Cir. 1981) (en banc).
2

See id.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO:

Counsel/Parties of Record

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